This document summarizes the legal protections provided to victims of war under international law. It discusses the four Geneva Conventions of 1949 and the two Additional Protocols of 1977, which were established to strengthen protections for civilians, prisoners of war, and the wounded during international and non-international armed conflicts. While these laws aim to protect vulnerable groups like women, children, and the sick, the author questions whether the protections are effectively enforced given the realities of contemporary warfare.
Intro to international humanitarian law by icrcTabi Khan
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, regulates armed conflict by limiting means and methods of warfare and limiting suffering. IHL protects civilians and those who are wounded, captured or detained. It originated from ancient customs and was modernized in the 1860s by Henry Dunant, who established the International Committee of the Red Cross and promoted the Geneva Conventions protecting wounded soldiers. The four 1949 Geneva Conventions and two 1977 Additional Protocols apply to international and non-international armed conflicts. IHL principles include distinction, proportionality, unnecessary suffering and military necessity. All parties in conflict, including non-state actors, must respect IHL.
The document summarizes the origins and development of the international laws of war, known as the "Just War" tradition. It originated in medieval Europe with theorists like Hugo Grotius, a jurist from Holland who wrote about just war in the early 1600s, seeking to define rules around when it is justifiable to go to war (jus ad bellum) and how wars should be conducted (jus in bello). The ideas were heavily influenced by codes of chivalry. While not independently legal, the principles of just war are fundamental to modern international laws governing the use of force.
International Humanitarian Law, (Lecture 14) - IHL In The International OrderNilendra Kumar
The document discusses international humanitarian law (IHL) and its role in the global order. It outlines several conventions and treaties that have been established to protect cultural property during war, restrict environmental and conventional weapons, and ban the use of force and acts of aggression. The document emphasizes that IHL promotes humanity during war, constitutes a legal framework even in cases not covered by existing laws, and contributes to maintaining peace by setting international standards for how wars are conducted.
INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSIONMYO AUNG Myanmar
What is international humanitarian law?
Legal factsheet31 DECEMBER 2014
Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=story
The document discusses the definitions and sources of international humanitarian law (IHL), also known as the laws of war. It explains that IHL aims to limit suffering and protect civilians during armed conflicts by establishing rules for combatants and military objectives. The main sources of IHL are lawmaking treaties like the Geneva and Hague Conventions, as well as customary international law. The document outlines the key purposes and applicability of IHL, and consequences for violating its provisions.
International Humanitarian Law governs armed conflicts to minimize suffering. During the Vietnam War (1955-1975), the conflict evolved from an internal struggle to an international war. While the Geneva Conventions applied, violations may have occurred such as the My Lai Massacre where U.S. soldiers killed civilians. Other controversial actions included the use of Agent Orange to defoliate jungles, which left health issues for Vietnamese. The war ended in 1975 with North Vietnam defeating South Vietnam and reuniting the country.
Law of war is that part of international law that regulates the resort to armed forces; the conduct to armed forces and the protection of war victims in both national and international conflict; conflicting occupation; and the relationship between conflict, neutral and non-conflicting states
Intro to international humanitarian law by icrcTabi Khan
International Humanitarian Law (IHL), also known as the Law of Armed Conflict, regulates armed conflict by limiting means and methods of warfare and limiting suffering. IHL protects civilians and those who are wounded, captured or detained. It originated from ancient customs and was modernized in the 1860s by Henry Dunant, who established the International Committee of the Red Cross and promoted the Geneva Conventions protecting wounded soldiers. The four 1949 Geneva Conventions and two 1977 Additional Protocols apply to international and non-international armed conflicts. IHL principles include distinction, proportionality, unnecessary suffering and military necessity. All parties in conflict, including non-state actors, must respect IHL.
The document summarizes the origins and development of the international laws of war, known as the "Just War" tradition. It originated in medieval Europe with theorists like Hugo Grotius, a jurist from Holland who wrote about just war in the early 1600s, seeking to define rules around when it is justifiable to go to war (jus ad bellum) and how wars should be conducted (jus in bello). The ideas were heavily influenced by codes of chivalry. While not independently legal, the principles of just war are fundamental to modern international laws governing the use of force.
International Humanitarian Law, (Lecture 14) - IHL In The International OrderNilendra Kumar
The document discusses international humanitarian law (IHL) and its role in the global order. It outlines several conventions and treaties that have been established to protect cultural property during war, restrict environmental and conventional weapons, and ban the use of force and acts of aggression. The document emphasizes that IHL promotes humanity during war, constitutes a legal framework even in cases not covered by existing laws, and contributes to maintaining peace by setting international standards for how wars are conducted.
INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSIONMYO AUNG Myanmar
What is international humanitarian law?
Legal factsheet31 DECEMBER 2014
Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=story
The document discusses the definitions and sources of international humanitarian law (IHL), also known as the laws of war. It explains that IHL aims to limit suffering and protect civilians during armed conflicts by establishing rules for combatants and military objectives. The main sources of IHL are lawmaking treaties like the Geneva and Hague Conventions, as well as customary international law. The document outlines the key purposes and applicability of IHL, and consequences for violating its provisions.
International Humanitarian Law governs armed conflicts to minimize suffering. During the Vietnam War (1955-1975), the conflict evolved from an internal struggle to an international war. While the Geneva Conventions applied, violations may have occurred such as the My Lai Massacre where U.S. soldiers killed civilians. Other controversial actions included the use of Agent Orange to defoliate jungles, which left health issues for Vietnamese. The war ended in 1975 with North Vietnam defeating South Vietnam and reuniting the country.
Law of war is that part of international law that regulates the resort to armed forces; the conduct to armed forces and the protection of war victims in both national and international conflict; conflicting occupation; and the relationship between conflict, neutral and non-conflicting states
The document discusses recent developments and challenges in international humanitarian law. It addresses changes in the nature of armed conflicts including their increasing complexity with multiple actors. It examines issues around qualifying situations of violence as international or non-international armed conflicts. It also discusses the development and application of international humanitarian law, including treaty law and challenges around classifying mixed or internationalized armed conflicts.
This document summarizes international humanitarian law (IHL), including its sources in customary international law and treaties like the Hague and Geneva Conventions. It describes the key principles of IHL like distinction, proportionality, and military necessity. It discusses the different types of armed conflicts and protected persons under IHL such as civilians, prisoners of war, and the wounded. It also outlines prohibitions on means and methods of warfare and the application of IHL to non-international armed conflicts.
This document provides an outline and objectives for analyzing key concepts relating to international humanitarian law (IHL) and international criminal law (ICL). It discusses the interlinkages between public international law, international human rights law, IHL, and ICL. The document outlines the history and emergence of IHL and ICL, their key legal instruments and sources. It analyzes the application of ICL and categories of international crimes such as war crimes and crimes against humanity. The connection between IHL and ICL is also discussed, particularly how violations of IHL can constitute war crimes under ICL.
International humanitarian law presentationRida Khan
International Humanitarian Law (IHL) regulates the conduct of armed conflicts and seeks to limit human suffering. It originated in the 19th century and is now comprised of the Geneva Conventions and additional protocols that protect civilians, prisoners of war, and others not participating in hostilities. IHL applies in both international and non-international armed conflicts and restricts certain weapons and tactics while providing humanitarian protections and oversight of compliance.
International Humanitarian Law Lecture 19 - 70 Years of Geneva ConventionsNilendra Kumar
Geneva Conventions are the main plank of IHL treaty law adopted by India to abide by protection, compliance and adherence norms in armed conflicts
This presentation is a review of past 70 years resume in it's regard.
Respect for human rights during the armed conflict in Ukraine DonbassFullAccess
This document provides an overview of international humanitarian law (IHL) and its application to the armed conflict in Ukraine since 2014. It defines IHL as the branch of international law that regulates violence during armed conflicts. The document outlines the main treaties that are the sources of IHL, including the Geneva Conventions. It notes that while Ukraine is party to most IHL treaties, it has not ratified some, like the Rome Statute establishing the International Criminal Court. The document discusses challenges in applying IHL during the conflict in Ukraine and the need for Ukrainian judges to properly interpret and apply international law and national legislation regarding IHL.
International Humanitarian Law Lecture 18 - Protection of Different Categorie...Nilendra Kumar
This presentation describes in detail the different categories of persons involved in an Armed Conflict. Furthermore it explains the status of these persons.
International humanitarian law governs the conduct of armed conflict and seeks to limit its effects. It protects persons who are not or are no longer participating in the hostilities, as well as restricting the means and methods of warfare. The Geneva Conventions of 1949 and their Additional Protocols of 1977 are the core treaties of international humanitarian law. They protect the wounded, sick, shipwrecked, prisoners of war and civilians, and restrict warfare to discriminate between combatants and civilians. Violations of international humanitarian law that constitute grave breaches are considered war crimes.
now a days i researching about new means and method of warfare with taking and observing the international experts opinions and analysis, as this world is achieving and inventing more effective and dangerous weapon and way of projectile these new weapon which becoming the serious threat to human life, not just human but these new full of technology weapon and methods are enough to destroy entire world .
This document discusses the protection of civilians in armed conflict. It notes that civilians now make up the vast majority of casualties in war. The UN Security Council has taken steps to protect civilians, such as authorizing force in Libya in 2011. There are several ways to protect civilians, including ensuring compliance with international law, engaging with non-state armed groups, peacekeeping operations, and humanitarian access. Nine current peacekeeping missions have civilian protection mandates. Both human rights law and international humanitarian law are relevant to protecting civilians. Specific vulnerable groups like women, children, and journalists require special protection efforts.
Remenants of war and unexploded explosives pose a great hazard to peace ans stability. IHL has devoted considerable thought to there grave consequesnces. This presentation is a study in that regard.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
WAR OF AGGRESSION - Wikipedia - HIGHLIGHTEDVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
KEEP IN MIND, THE LIES THE UNITED STATES’ DESPOT TOLD ABOUT IRAQ PRESIDENT SADDAM HUSSEIN HAVING “WEAPONS OF MASS DESTRUCTION!” That was a LIE! MERELY “VERBAL” ACCUSATIONS.
IMPORTANT TO NOTE: The United States’ DESPOT DEMANDS that Foreign Governments/Nations-Of-Color DESTROY their CHEMICAL WEAPONS; however, the United States’ DESPOT has an ARSENAL of Chemical Weapons that is USES and a HISTORY of ENGAGING in GENOCIDAL Practices:
https://www.slideshare.net/VogelDenise/040717-united-states-list-of-chemical-weapons-of-mass-destruction
DOES it make sense that Foreign Governments have been required to DESTROY their CHEMICAL WEAPONS and then the NO.1 WHITE Jews/Zionists and WHITE Supremacists’ UNITED STATES’ DESPOT is ALLOWED to keep theirs and USE THEM in Wars they are LOSING – i.e. as in SYRIA.
PRIMA FACIE REQUIREMENT FOR WAR OF AGGRESSION
A) On or about Thursday, April 6, 2017, the United States' DESPOTISM Government Regime DECLARED a "WAR OF AGGRESSION" upon the State of SYRIA, its Government and Citizens. This attack was PLANNED, ORGANIZED and CARRIED OUT under the DIRECTION and LEADERSHIP of the United States' DESPOT's President Donald Trump.
B) On or about 04/06/17, the United States' DESPOT INVADED by its Armed Forces/Miliary WITHOUT a "DECLARATION OF WAR" the "SOVEREIGN" Territory of ANOTHER State (Syria).
C) On or about Thursday, 04/06/17, the United States' DESPOT by its Land/Naval/Air Forces WITHOUT a "DECLARATION OF WAR" ATTACKED the SOVEREIGN Government of Syria and Territories which INCLUDED Syrian Airfield(s)/Bases.
D) The United States' DESPOT's Government and its Military are engaging in CONSPIRACIES targeting the BLOCKADING of Syrian Ports, etc.
E) The United States' DESPOT has been REPORTED ARMING and SUPPORTING the Terrorists on Syria soil for PURPOSES of OVERTHROWING the Syrian Regime and ALLOWING for the United States' DESPOT's WHITE Jews/Zionists and WHITE Supremacists to TAKE control of the Syrian Government and its Resources. The 04/06/17 attack IS a DIRECT AGGRESSIVE WAR Act for purposes of providing the United States' DESPOT and its Terrorist Groups with the UPPER hand in a CIVIL War in which it is LOSING!
We look forward to using this information in the 04/10/17 PUBLIC NEWS RELEASE.
Please feel free to visit our Joomla Website at: www.vogeldenisenewsome.net
International humanitarian law (IHL) and international human rights law (IHRL) both aim to protect individuals in armed conflict and civil unrest. IHL regulates armed conflict by limiting means and methods of warfare and reducing suffering. It protects civilians and those no longer taking part in hostilities. IHRL establishes rules for governments in their treatment of individuals during peacetime and conflict, though some rights can be derogated during emergencies. Both bodies of law place duties on states and non-state actors, and establish international mechanisms to support implementation and enforcement.
The document provides an overview of International Humanitarian Law (IHL). It discusses the basic principles of IHL including distinction, proportionality, and precaution. It outlines the historical development of IHL through conventions like the Hague Conventions of 1899 and 1907 and the Geneva Conventions of 1949. The document also discusses the rights of prisoners of war as protected by the Third Geneva Convention of 1949.
The document discusses wartime rape and the international laws around it. It provides background on how wartime rape has historically been endemic, committed with impunity, and trivialized in international law. It outlines key precedents like the International Criminal Tribunal for the Former Yugoslavia recognizing rape as a crime against humanity. The International Criminal Court is highlighted as the first court to codify rape and sexual violence as war crimes and crimes against humanity in its Rome Statute. However, issues around sovereignty and continued uses of rape in conflicts persist.
International Humanitarian Law Debate Championship 2016Terence Aaron
These are the motion, context and information slides for the International Humanitarian Law Debate Championship 2016.
Adjudication Core: Banun Sabri (IIUM/International Islamic University of Malaysia), Terence Aaron (UT MARA/University of Technology MARA) and Leeroy Ting Kah Sing (UM/ University of Malaya)
Dates: 9-11 December
If you have any questions on the slides, feel free to forward
International humanitarian law (IHL) applies during armed conflicts and prohibits acts aimed at terrorizing civilians. Even when IHL does not apply, fundamental human rights and humanitarian laws cannot be violated. States must ensure counterterrorism measures comply with international law. The use of force in self-defense is permitted under Article 51 of the UN Charter in response to an armed attack, but the response must be necessary, proportional, and avoid further escalation when possible.
This document is a dissertation submitted by Dingaan Willem Mathebula for the degree of Master of Laws at UNISA in June 2015. It investigates South Africa's legal framework regarding the voluntary repatriation of refugees. It examines cases of Mozambican and Angolan refugees being repatriated to identify issues with the process. It also analyzes whether applying the cessation clause violates the principle of non-refoulement, which is key to ensuring repatriation is truly voluntary. While South Africa, Canada, and the UK all have robust refugee protection laws, the dissertation finds refugees' rights have still been violated during repatriation due to their vulnerability. It ultimately concludes that despite international,
The document is a thesis declaration page that outlines the author's work in researching "The Legal status for the Rights of detained persons and their implementation under the Somaliland constitution in light of international human rights standards."
The declaration states that the work is the author's own and has not been submitted elsewhere. It acknowledges that all materials have been properly cited. The signature of the author and advisor are included to verify the declaration.
1.3. Research Questions
In order to address the above stated problem, the following research questions will be raised:
1. What are the international legal frameworks that protect the rights of detained persons?
2. What are the national legal frameworks that protect the rights of detained persons
The document discusses recent developments and challenges in international humanitarian law. It addresses changes in the nature of armed conflicts including their increasing complexity with multiple actors. It examines issues around qualifying situations of violence as international or non-international armed conflicts. It also discusses the development and application of international humanitarian law, including treaty law and challenges around classifying mixed or internationalized armed conflicts.
This document summarizes international humanitarian law (IHL), including its sources in customary international law and treaties like the Hague and Geneva Conventions. It describes the key principles of IHL like distinction, proportionality, and military necessity. It discusses the different types of armed conflicts and protected persons under IHL such as civilians, prisoners of war, and the wounded. It also outlines prohibitions on means and methods of warfare and the application of IHL to non-international armed conflicts.
This document provides an outline and objectives for analyzing key concepts relating to international humanitarian law (IHL) and international criminal law (ICL). It discusses the interlinkages between public international law, international human rights law, IHL, and ICL. The document outlines the history and emergence of IHL and ICL, their key legal instruments and sources. It analyzes the application of ICL and categories of international crimes such as war crimes and crimes against humanity. The connection between IHL and ICL is also discussed, particularly how violations of IHL can constitute war crimes under ICL.
International humanitarian law presentationRida Khan
International Humanitarian Law (IHL) regulates the conduct of armed conflicts and seeks to limit human suffering. It originated in the 19th century and is now comprised of the Geneva Conventions and additional protocols that protect civilians, prisoners of war, and others not participating in hostilities. IHL applies in both international and non-international armed conflicts and restricts certain weapons and tactics while providing humanitarian protections and oversight of compliance.
International Humanitarian Law Lecture 19 - 70 Years of Geneva ConventionsNilendra Kumar
Geneva Conventions are the main plank of IHL treaty law adopted by India to abide by protection, compliance and adherence norms in armed conflicts
This presentation is a review of past 70 years resume in it's regard.
Respect for human rights during the armed conflict in Ukraine DonbassFullAccess
This document provides an overview of international humanitarian law (IHL) and its application to the armed conflict in Ukraine since 2014. It defines IHL as the branch of international law that regulates violence during armed conflicts. The document outlines the main treaties that are the sources of IHL, including the Geneva Conventions. It notes that while Ukraine is party to most IHL treaties, it has not ratified some, like the Rome Statute establishing the International Criminal Court. The document discusses challenges in applying IHL during the conflict in Ukraine and the need for Ukrainian judges to properly interpret and apply international law and national legislation regarding IHL.
International Humanitarian Law Lecture 18 - Protection of Different Categorie...Nilendra Kumar
This presentation describes in detail the different categories of persons involved in an Armed Conflict. Furthermore it explains the status of these persons.
International humanitarian law governs the conduct of armed conflict and seeks to limit its effects. It protects persons who are not or are no longer participating in the hostilities, as well as restricting the means and methods of warfare. The Geneva Conventions of 1949 and their Additional Protocols of 1977 are the core treaties of international humanitarian law. They protect the wounded, sick, shipwrecked, prisoners of war and civilians, and restrict warfare to discriminate between combatants and civilians. Violations of international humanitarian law that constitute grave breaches are considered war crimes.
now a days i researching about new means and method of warfare with taking and observing the international experts opinions and analysis, as this world is achieving and inventing more effective and dangerous weapon and way of projectile these new weapon which becoming the serious threat to human life, not just human but these new full of technology weapon and methods are enough to destroy entire world .
This document discusses the protection of civilians in armed conflict. It notes that civilians now make up the vast majority of casualties in war. The UN Security Council has taken steps to protect civilians, such as authorizing force in Libya in 2011. There are several ways to protect civilians, including ensuring compliance with international law, engaging with non-state armed groups, peacekeeping operations, and humanitarian access. Nine current peacekeeping missions have civilian protection mandates. Both human rights law and international humanitarian law are relevant to protecting civilians. Specific vulnerable groups like women, children, and journalists require special protection efforts.
Remenants of war and unexploded explosives pose a great hazard to peace ans stability. IHL has devoted considerable thought to there grave consequesnces. This presentation is a study in that regard.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
WAR OF AGGRESSION - Wikipedia - HIGHLIGHTEDVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
KEEP IN MIND, THE LIES THE UNITED STATES’ DESPOT TOLD ABOUT IRAQ PRESIDENT SADDAM HUSSEIN HAVING “WEAPONS OF MASS DESTRUCTION!” That was a LIE! MERELY “VERBAL” ACCUSATIONS.
IMPORTANT TO NOTE: The United States’ DESPOT DEMANDS that Foreign Governments/Nations-Of-Color DESTROY their CHEMICAL WEAPONS; however, the United States’ DESPOT has an ARSENAL of Chemical Weapons that is USES and a HISTORY of ENGAGING in GENOCIDAL Practices:
https://www.slideshare.net/VogelDenise/040717-united-states-list-of-chemical-weapons-of-mass-destruction
DOES it make sense that Foreign Governments have been required to DESTROY their CHEMICAL WEAPONS and then the NO.1 WHITE Jews/Zionists and WHITE Supremacists’ UNITED STATES’ DESPOT is ALLOWED to keep theirs and USE THEM in Wars they are LOSING – i.e. as in SYRIA.
PRIMA FACIE REQUIREMENT FOR WAR OF AGGRESSION
A) On or about Thursday, April 6, 2017, the United States' DESPOTISM Government Regime DECLARED a "WAR OF AGGRESSION" upon the State of SYRIA, its Government and Citizens. This attack was PLANNED, ORGANIZED and CARRIED OUT under the DIRECTION and LEADERSHIP of the United States' DESPOT's President Donald Trump.
B) On or about 04/06/17, the United States' DESPOT INVADED by its Armed Forces/Miliary WITHOUT a "DECLARATION OF WAR" the "SOVEREIGN" Territory of ANOTHER State (Syria).
C) On or about Thursday, 04/06/17, the United States' DESPOT by its Land/Naval/Air Forces WITHOUT a "DECLARATION OF WAR" ATTACKED the SOVEREIGN Government of Syria and Territories which INCLUDED Syrian Airfield(s)/Bases.
D) The United States' DESPOT's Government and its Military are engaging in CONSPIRACIES targeting the BLOCKADING of Syrian Ports, etc.
E) The United States' DESPOT has been REPORTED ARMING and SUPPORTING the Terrorists on Syria soil for PURPOSES of OVERTHROWING the Syrian Regime and ALLOWING for the United States' DESPOT's WHITE Jews/Zionists and WHITE Supremacists to TAKE control of the Syrian Government and its Resources. The 04/06/17 attack IS a DIRECT AGGRESSIVE WAR Act for purposes of providing the United States' DESPOT and its Terrorist Groups with the UPPER hand in a CIVIL War in which it is LOSING!
We look forward to using this information in the 04/10/17 PUBLIC NEWS RELEASE.
Please feel free to visit our Joomla Website at: www.vogeldenisenewsome.net
International humanitarian law (IHL) and international human rights law (IHRL) both aim to protect individuals in armed conflict and civil unrest. IHL regulates armed conflict by limiting means and methods of warfare and reducing suffering. It protects civilians and those no longer taking part in hostilities. IHRL establishes rules for governments in their treatment of individuals during peacetime and conflict, though some rights can be derogated during emergencies. Both bodies of law place duties on states and non-state actors, and establish international mechanisms to support implementation and enforcement.
The document provides an overview of International Humanitarian Law (IHL). It discusses the basic principles of IHL including distinction, proportionality, and precaution. It outlines the historical development of IHL through conventions like the Hague Conventions of 1899 and 1907 and the Geneva Conventions of 1949. The document also discusses the rights of prisoners of war as protected by the Third Geneva Convention of 1949.
The document discusses wartime rape and the international laws around it. It provides background on how wartime rape has historically been endemic, committed with impunity, and trivialized in international law. It outlines key precedents like the International Criminal Tribunal for the Former Yugoslavia recognizing rape as a crime against humanity. The International Criminal Court is highlighted as the first court to codify rape and sexual violence as war crimes and crimes against humanity in its Rome Statute. However, issues around sovereignty and continued uses of rape in conflicts persist.
International Humanitarian Law Debate Championship 2016Terence Aaron
These are the motion, context and information slides for the International Humanitarian Law Debate Championship 2016.
Adjudication Core: Banun Sabri (IIUM/International Islamic University of Malaysia), Terence Aaron (UT MARA/University of Technology MARA) and Leeroy Ting Kah Sing (UM/ University of Malaya)
Dates: 9-11 December
If you have any questions on the slides, feel free to forward
International humanitarian law (IHL) applies during armed conflicts and prohibits acts aimed at terrorizing civilians. Even when IHL does not apply, fundamental human rights and humanitarian laws cannot be violated. States must ensure counterterrorism measures comply with international law. The use of force in self-defense is permitted under Article 51 of the UN Charter in response to an armed attack, but the response must be necessary, proportional, and avoid further escalation when possible.
This document is a dissertation submitted by Dingaan Willem Mathebula for the degree of Master of Laws at UNISA in June 2015. It investigates South Africa's legal framework regarding the voluntary repatriation of refugees. It examines cases of Mozambican and Angolan refugees being repatriated to identify issues with the process. It also analyzes whether applying the cessation clause violates the principle of non-refoulement, which is key to ensuring repatriation is truly voluntary. While South Africa, Canada, and the UK all have robust refugee protection laws, the dissertation finds refugees' rights have still been violated during repatriation due to their vulnerability. It ultimately concludes that despite international,
The document is a thesis declaration page that outlines the author's work in researching "The Legal status for the Rights of detained persons and their implementation under the Somaliland constitution in light of international human rights standards."
The declaration states that the work is the author's own and has not been submitted elsewhere. It acknowledges that all materials have been properly cited. The signature of the author and advisor are included to verify the declaration.
1.3. Research Questions
In order to address the above stated problem, the following research questions will be raised:
1. What are the international legal frameworks that protect the rights of detained persons?
2. What are the national legal frameworks that protect the rights of detained persons
Sara Hines will conduct research in three villages in Samburu County, Kenya to identify the major health concerns of local women and the social and ecological factors influencing women's health. She will conduct focus groups with women to learn about health issues like maternal health, sexually transmitted diseases, malaria, and diarrhea. She will also examine how women decide between traditional and modern medical care and identify gaps in available health services. Findings may help improve women's health and quality of life in Samburu.
International responses to conflict and complex humanitarian emergencies are diverse and multifaceted. Different actors – among them non-government organisations (NGOs), the United Nations (UN) protection mandated organisations, UN peacekeeping forces, both military and police – all have a role to play to mitigate the impact of armed conflict on civilian populations.
Over the last 13 years a significant amount of work has been done to improve the international community’s response in relation to the protection of civilians (POC). This has been led by different actors – the UN Security Council, the Department of Peacekeeping Operations (DPKO) and the humanitarian community made up of UN humanitarian agencies, the International Committee of the Red Cross (ICRC), and NGOs – all working in the same complex humanitarian contexts.
Despite the development of POC, there is a perceived ‘disconnect’ between the understanding of different forms of protection, the different disciplines practising or working on the POC, and the different guidance and legal regimes imposing obligations on both state and non-state actors in the area of protection.
This paper is the first contribution to a broader research project that aims to determine whether the perceived disconnect between actors involved in protection work is real or anecdotal. By exploring the evolution of protection language and policy through the UN Security Council, DPKO and the humanitarian community, it is possible to develop an improved understanding of some of the reasons for distinct protection policies and definitions that exist between different actors. Some initial variations in the interpretation of POC are quick to emerge, giving rise to additional questions about how the distinctions can be better understood.
Crispar Natukunda is seeking a challenging role in human resources, research, planning, management or administration where he can apply his skills and experience. He has a Bachelor's degree in Public Administration and Management from Uganda Christian University. His areas of expertise include project planning and management, proposal writing, research, and strategic planning. He has experience in supervising enumerators, report writing, and implementing and monitoring projects through various internships. His referees include his former operations manager, career advisor, and senior inspector of schools who can attest to his skills in team management, coordination, planning, and time management.
The document discusses several key issues relating to children and armed conflict, including the impact of war on children, applicable international laws and legal developments, and main stakeholders responsible for protecting children. It outlines six grave violations against children that the UN Security Council monitors. The document also reviews policy developments to protect war-affected children and lists several main thematic issues, such as child soldiers, displaced children, and children's changing roles in peace processes.
The protection of civilians within un pso oct 14ferry arifin
This document provides an introduction to protection of civilians (POC) training for UN peacekeepers. It outlines key learning objectives around explaining the importance of POC, describing threats to civilians, and identifying legal obligations. It also summarizes different approaches to protection, threats faced by civilians, actors responsible for protection, and consequences of failing to protect civilians. The document aims to equip peacekeepers with knowledge on POC mandates, authorities, and prohibitions to guide their conduct in operations.
The Red Cross and Red Crescent are humanitarian organizations that were founded to provide assistance to victims of war. The International Committee of the Red Cross (ICRC) was established in 1863 in Geneva following the Battle of Solferino and Henry Dunant's book describing the terrible aftermath. Along with National Red Cross Societies and the International Federation of Red Cross and Red Crescent Societies, the ICRC works to protect victims of conflicts and promote compliance with international humanitarian law. The ICRC in particular monitors adherence to the Geneva Conventions and provides neutral and impartial assistance to people affected by conflicts.
1. The document discusses international humanitarian law and outlines some key points about human rights. It states that all human beings are equal in dignity and rights, and that not all governments protect their citizens' rights.
2. It suggests that an international law could be created to protect human rights from infringement globally. However, enforcing such a law is difficult because the world is not politically organized as a whole.
3. At times, some democratic states try to enforce human rights in other countries through armed attacks. But this often ends up killing innocent people and making the situation worse rather than better.
This document provides an overview and analysis of John Rawls' theory on military interventions for humanitarian purposes from his work "The Law of Peoples". It discusses how Rawls qualifies the principle of non-intervention and asserts that interventions are justified to protect human rights or lack of order in a society. It examines Rawls' distinction between well-ordered and non-well-ordered peoples and how this determines the legitimacy of intervention. The document also analyzes Rawls' concept of a duty of assistance that well-ordered peoples have to burdened societies, with the goal of transitioning them to become well-ordered themselves.
This document provides a summary of the theoretical literature on macroeconomic policy, economic growth, and poverty reduction in Kenya. It discusses several theories on the causes of poverty in developing countries, including poverty as a cultural characteristic, as a label, and as a restriction of opportunities due to lack of capacities and voice. The document also summarizes theories of economic growth and theories of poverty, including viewing poverty as an individual versus structural phenomenon.
This document is a research proposal from Natalie Seman for her multi-genre research paper on the effects of sharia law on women's rights on a global scale. She became interested in the topic after discussions on women's rights issues. She knows women have faced persecution and inequality under sharia law but wants to learn more about how the law came to be, why societies accept it, and what countries are doing to address it. Her research plan is to study the history and development of sharia law and women's rights in Islam using academic databases and international news sources.
This document proposes a study to examine the effect of visual modeling on number mapping in preschool children. It hypothesizes that different types of visual models may be effective for developing number sense. The study would involve randomly assigning preschoolers to control and treatment groups. Treatment groups would receive different visual modeling interventions targeting cardinality, relative magnitude, and successor functions. All groups would be pre-and post-tested on quantity comparison and number-to-position tasks to measure impacts on number sense. The goal is to identify which visual models best support number mapping and generalization of skills.
This document is a research project submitted by Nduati Michelle Wanjiku in partial fulfillment of the requirements for a Bachelor's degree in financial economics from Strathmore University in Nairobi, Kenya. The research project compares the relative performance of single-index models and multifactor models in determining the optimal portfolio allocation through the efficient frontier. It establishes that the single index model outperforms the multifactor model as it yields higher Sharpe ratios. This is attributed to the single index model containing characteristics of macroeconomic variables. The research uses historical factor betas between 2001 and 2012 to minimize risk and maximize returns in constructing the efficient frontier.
The document summarizes research on how juror training and note-taking may improve juror comprehension of applicable trial law. It discusses how prior research found that simplified jury instructions and juror preparation training modestly improved comprehension over control groups. The proposed study would examine the effects of juror training and note-taking on understanding revised jury instructions. It hypothesizes that groups receiving both interventions will score highest on a comprehension assessment compared to groups with only one or no interventions.
Research Proposal on The role of the media technology for uitm undergraduate ...Muhamad Izwan
This document discusses a research proposal examining the role of media technology for undergraduate creative media students at Universiti Teknologi Mara (UiTM). The research aims to identify the types of media technology used by UiTM students, determine which types are most preferred, and examine how media technology can help improve students' academic proficiency. A literature review will cover digital learning, types of media technologies, and their benefits and drawbacks. The proposed research design uses a quantitative survey approach with random sampling of creative media undergraduates and unstructured interviews of two lecturers.
This document discusses the legal framework governing armed conflict under international law. It outlines the purpose and key principles of International Humanitarian Law (IHL), including the Geneva Conventions and their Additional Protocols. It also discusses the relationship between IHL and International Human Rights Law, and how both apply during armed conflict. Finally, it examines some of the challenges posed by contemporary armed conflicts, including issues around non-state armed groups and implementation of the law.
International Red Cross & Red Crescent MovementJessica Ports
This presentation provides a quick overview to the International Red Cross and Red Crescent Movement. Focuses on activities of the ICRC, the Federation and the National Societies, as well as a brief history of the Movement and the Fundamental Principles. Also discusses the American Red Cross, current Movement activities around the world, and career options. Presented to graduate students at Tulane University.
Impacts of employee training on the performance of the commmercial banks in n...leonardakure
This document presents a research proposal that aims to study the impacts of employee training on the performance of commercial banks in Nairobi County, Kenya. It outlines the background, problem statement, objectives, research questions, assumptions, significance, limitations, delimitations, theoretical framework, conceptual framework, and operational definitions of the study. The research will employ a census study of all commercial banks in Nairobi County and target key informants such as HR managers, bank managers, and supervisors. Data will be collected through questionnaires and interviews and analyzed to determine the influence of employee training on bank performance.
The document provides an outline for writing a research proposal and report. It discusses the typical elements and structure, including:
1) Elements such as the title page, problem statement, objectives, literature review, methodology, and references.
2) Developing the proposal involves choosing a topic, formulating research questions, outlining literature, deciding on methods, and proposing timelines and resources.
3) Research proposals and reports generally have five chapters: introduction, literature review, methodology, analysis, and conclusions. Each chapter contains standard sections.
International Humanitarian Law Lecture 8 - Sources of IHLNilendra Kumar
International humanitarian law has two main branches: the Hague law which regulates how armies conduct hostilities, and the Geneva law which regulates the protection of people under one's power. The key sources of international humanitarian law are the four 1949 Geneva Conventions for protecting victims of war, along with additional protocols from 1977. International humanitarian law is strengthened by other international agreements promoting human rights and prohibiting crimes against humanity.
The document discusses the history and development of the concept of human rights from its origins in the Renaissance and Reformation through modern international agreements like the Universal Declaration of Human Rights. It outlines the three generations of rights - civil/political, economic/social/cultural, and collective/solidarity. Key milestones discussed include the Geneva Conventions establishing international humanitarian law and protections for civilians and prisoners of war. The United Nations system plays an important role in standard setting and enforcement of human rights through various committees, councils, and the Office of the High Commissioner for Human Rights.
Nuremberg principles war crime (wikipedia information)VogelDenise
War crimes are serious violations of international humanitarian law that are committed during armed conflict. Examples include murder of civilians, torture of prisoners of war, and wanton destruction of cities. The concept of war crimes was first codified in the Hague Conventions of 1899 and 1907, and further developed after World War II through bodies like the Nuremberg Trials. Individuals can be held criminally responsible for war crimes, including military commanders and heads of state.
This document discusses the history and purpose of the Geneva Conventions regarding the treatment of prisoners of war. It notes that efforts to regulate wartime conduct date back to ancient times but rules were not widely enforced. The modern Geneva Conventions were adopted in 1949 after WWII to establish international humanitarian law and protect civilians. It provides an overview of the Geneva Conventions and their updates over time. It also discusses how the Red Cross originated from Henry Dunant's efforts to aid wounded soldiers and how the first Geneva Convention codified rules for treating sick and wounded soldiers. Enforcement of the conventions is discussed along with examples of when countries have violated the treaties.
International humanitarian law originated from ancient rules of war and aims to limit human suffering during armed conflicts. It applies only to wars and is contained in the 1949 Geneva Conventions that most countries have ratified. While the UN Charter prohibits war, loopholes allow armed conflicts to continue, demonstrating the need for humanitarian laws. These laws try to balance military needs with humanitarian protections for non-combatants. The Red Cross movement plays a key role in implementing international humanitarian law.
This document provides context and definitions related to international humanitarian law and the armed conflict in Syria. It defines international and non-international armed conflicts according to international humanitarian law. It then provides details on the qualification and application of common article 3 and additional protocol II. The document concludes with background information on the social upheaval in Syria since 2011 and causes of the armed conflict between government forces and rebel groups.
This document discusses the concepts of war crimes and grave breaches in international law. It traces the historical development of efforts to establish universal rules regulating conduct in war from the 19th century through the two World Wars. The Nuremberg trials after WWII helped establish the modern concept of war crimes and individual criminal liability under international law. The Geneva Conventions defined "grave breaches" as serious violations requiring states to enact domestic laws to prosecute perpetrators, but they lacked elements of true criminal law like mens rea. A separate body of international criminal law was needed to attach sanctions to violations of international humanitarian law.
veryday tasks in better or more convenient ways. For example, OpenTable.
com is a website that allows users to make restaurant reservations online and
now covers most of the United States. If you’re planning a trip to Boston, for
example, you can access OpenTable.com, select the area of the city you’ll be
visiting, and view descriptions, reviews, customer ratings, and in most cases
the menus of the restaurants in the area. You can then make a reservation at
the restaurant and print a map and the directions to it. The basic tasks that
OpenTable.com helps people perform have always been done: looking for a
restaurant, comparing prices and menus, soliciting advice from people who are
familiar with competing restaurants, and getting directions. What OpenTable.
com does is help people perform these tasks in a more convenient and expedi-
ent manner.
Another aspect of technological advances is that once a technology is cre-
ated, products often emerge to advance it. For example, the creation of the
Apple iPod, iPhone, iPad, and similar devices has in turned spawned entire
industries that produce compatible devices. For example, Rokit is a high-end
mobile accessories company that makes smartphone cases, headphones,
portable USB device chargers and Bluetooth speakers. Rokit wouldn’t exist
if it weren’t for the advent of the smartphone industry. Similarly, there are
a growing number of start-ups working on smartphone apps. An example is
Ubersense, the subject of the You Be the VC 5.2 feature. Ubersense has made
a smartphone and tablet app that allows athletes, coaches, and parents to
shoot video of an athlete’s move or competition, and then analyze the video in
a variety of ways.
Political Action and regulatory Changes Political and regulatory
changes also provide the basis for business ideas. For example, new laws often
spur start-ups that are launched to take advantage of their specifications. This
is currently happening as a result of the passage of the Affordable Care Act
(Obamacare). The combination of new regulations, incentitives for doctors and
hospitals to shift to electronic records, and the release of mountains of data held
by the Department of Health and Human Services (on topics such as hospital
quality and nursing home patient satisfaction), is motivating entrepreneurs to
launch electronic medical records start-ups, apps to help patients monitor their
medications, and similar companies.9
On some occassions, entire industries hinge on whether certain govern-
ment regulations evolve in a manner that is favorable to the industry. For ex-
ample, there are several start-ups poised to commercialize the use of drones,
or Aerial UAV’s. Drones can be used for a number of domestic purposes, such
as helping farmers determine the optimal level of fertilizer to place on crops
or helping filmmakers shoot overhead scenes. Amazon.com created quite a bit
of buzz in late 2013 when it suggested it would like to use drones for package
delivery. As of spring 2014
Emergency Surgery Workshop Davos 2011: Presentation by Prof Jürg Kesselring, MD, Member of the International Committee of the Red Cross ICRC, Valens, Switzerland
International legal framework and required social environment toraikhanna
The document discusses the international legal framework and social environment needed to ensure health care during armed conflicts. It outlines various international conventions and laws that establish the right to health and protections for medical services. These include provisions in the Geneva Conventions and additional protocols. Socially, positive perceptions and support networks are important to allow victims access to care amid conflict and insecurity. Physicians have an ethical duty to treat victims, while social support can provide material, informational and emotional aid.
This document discusses the history and process of codifying international law. It outlines key events and efforts over time to systematically organize international legal rules and principles into written codes and agreements. Some of the major developments mentioned include the Hague Conferences of 1899 and 1907 which resulted in the first international conventions, the work of the League of Nations and United Nations to further codification, and important conventions on topics like the law of the sea, diplomatic relations, and treaties. Both benefits and challenges of the codification process are also reviewed.
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
The Red Cross and Red Crescent are international humanitarian organizations that were founded to provide aid to victims of war. The movement began in 1863 when Henry Dunant witnessed the aftermath of the Battle of Solferino and advocated for the establishment of neutral relief agencies. This led to the founding of the International Committee of the Red Cross and the adoption of the Geneva Conventions. The Red Cross movement now includes the International Federation of Red Cross and Red Crescent Societies and national societies that work to protect lives and health during war through neutral and impartial aid. The International Committee of the Red Cross also works to promote and ensure compliance with international humanitarian law.
Human Rights During Armed Conflicts.pptxRaushan Kumar
A slide that deals with the importance of human rights during armed conflicts, be it war or civil war, this slide talks about various human rights treaties like Geneva convention, Differentiates between war and aggression and many more.
This document contains a seminar paper submission covering the topic of "The role of human rights law in complementing international humanitarian law". The paper provides background on human rights law and international humanitarian law, including their definitions and historical development. It then discusses how the two bodies of law intersect and are applied complementarily in international court judgments. The paper also reviews literature on the topic and proposes future directions and challenges to harmonizing the application of human rights law and international humanitarian law.
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Legal protection of war victims in international and non international armed hostilities
1. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol 3, 2012
Legal Protection Of War Victims In International And
Non-International Armed Hostilities: A Scholarly Exposition Into
The Four Geneva Conventions of 1949 And Two Additional
Protocols Of 1977
Nwanolue, B.O.G, FRHD1 Victor Chidubem Iwuoha2*
1
Senior Lecturer, Department of Political Science, Anambra State University, Igbariam Campus, Nigeria
2
Department of Political Science, University of Nigeria, Nsukka, Nigeria
*
Email: chidubemiwuoha@gmail.com
Abstract
The motive of every war has always been to actualize socio-economic and political interest. Attendantly, the
ugly implications of these are gross violations of the international law governing armed hostilities, such as the
four Geneva Convention of 1949, Two Additional Protocols of 1977, e.t.c. Several lives are lost and the
properties of all kinds are destroyed. Women, children, the ship wrecked, the sick, the wounded e.t.c., often fall
victims of war and a times, are treated unfairly. Hence, it is the task of this paper to x-ray the legal protections of
war victims in armed hostilities and level of observance, as contained in international law of armed conflicts.
Data for this paper were generated mainly from secondary and primary sources, such as textbooks, journals,
official documents from United Nations e.t.c. Indeed, it was found that the four Geneva Conventions of 1949
provide effective legal protections for women and children during armed hostilities, but with weak instruments
for execution. Again, the wellbeing of the sick, the wounded, prisoners of war and the shipwrecked are also
provided for in the two additional protocols of 1977, with little or no enforcement capabilities in contemporary
armed conflicts.
Key words: Protection, War Victims, Armed Conflicts, Geneva Conventions, Prisoners of War
Introduction
Since history, certain efforts have been made to strengthen the protection of victims during armed conflicts.
Women, children, the wounded, prisoners of war, the ship wrecked and civilians in general, are more often prone
to maltreatments of all kinds in the context of international and non- international hostilities. According to
Boissier, (1985:23), under the customary international humanitarian law, such scenarios are not only injurious to
humanity but run counter to the very intelligible existence of some international conventions and standards that
govern armed conflicts of all kinds, especially as regards the protection of war victims during hostilities.
Prominent among which include the Geneva Convention of 1949, Two Additional Protocols of 1977, 1950
European Convention on Human Rights, 1948 Universal Declaration of Human Rights, 1980 United Nations
Declaration on War Victims, to mention but a few.
In this direction, some studies carried out in recent times have identified one hundred and sixty-one (161)
rules of customary international humanitarian law that strengthen the legal protection for victims of armed
conflicts. Bothe, et al (1982:57), asserts that it is the result of more than eight years of research and consultation
and has significantly influenced some provisions of international conventions on legal protection of war victims.
According to them, the study was undertaken at the request of the 26th International Conference of the Red
Cross and Red Crescent in December 1995. In addition to treaty law, customary law is one of the main sources
of international humanitarian law (IHL). In fact, until the codification of humanitarian law, which started in 1864
with the adoption of the first Geneva Convention, custom was the main source of humanitarian law for centuries.
Whereas treaties are written conventions, customary international law is derived from the practice of states and is
unwritten. A rule is deemed customary and as such binding on all states, if it is based on widespread,
representative and virtually uniform practice supporting the rule. The difficulty lies in the identification of
customary international law and this explains why states sought the assistance of the ICRC in this identification
process (Cassese, 1984:12).
From the foregoing, it is obvious that the customary international laws, as well as the treaty law, are
measure umbrella that shed the legal protections of war victims in any armed conflicts. However, the unresolved
questions here that boggle the mind of scholarship are:
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2. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol 3, 2012
Does the continued existence of the four Geneva Convention of 1949 effectively provide legal protections
for women and children during armed hostilities?
Also, what is the fate of the sick, the wounded, prisoners of war and the shipwrecked on the phase of the
two additional protocols of 1977 in the contemporary armed conflicts?
Finally, what remains the fate of civilians in terms of displacement and economic difficulties in the phase
of non- international armed conflicts?
All these are salient issues that underscore this paper and will be addressed accordingly.
Historical Evolution of Protection of Victims in Armed Conflicts
The effort to protect war victims is as old as conflicts themselves. Such efforts materialized in antiquity and
the middle Ages in all regions, civilizations, and religions. The first international treaty adopted was aimed to
protect soldiers wounded on the battlefield. Durand, (1984:65), emphasizes that it came at the initiative of Henry
Dunant, a young Swiss, who after the battle of Solferino, in 1859, witnessed firsthand the misery of forty
thousand wounded and the inadequacy of the army health services. On his return to Geneva, Dunant published-
“A Memory of Solferino”, in which he proposed that warring parties conclude agreements in order to ensure
assistance to the wounded and sick. He also proposed the creation of voluntary associations for the same purpose
in each country, which later became the Red Cross societies. With the cooperation of four of his compatriots, in
particular General Alfred Dufour, Dunant organized the first non-governmental conference in 1863 to promote
some of his ideas.
A year later, the Swiss Federal Council, in the views of Solf and Roach, (1987:55), invited twenty-five (25)
states to participate at a diplomatic conference; it adopted on August 22, 1864, the first Geneva Convention for
the Amelioration of the Condition of the Wounded in Armies in the Field. They further maintain that after an
unsuccessful attempt in 1868 to adapt the convention to maritime warfare, the International Peace Conference of
1899 in The Hague adopted the Convention for the Adaptation to Maritime Warfare of the Principles of the
Geneva Convention, as did the later conference in 1907. The first 1864 Geneva Convention was revised in 1906
and again in 1929, when a new convention, related to the treatment of prisoners of war, was also adopted. The
emphasis here remains a convention to ensure the protection of civilian populations. The International
Committee of the Red Cross (ICRC) in the words of Bothe, et al (1982:56) presented the draft of such a
convention to the 15th International Red Cross Conference held in Tokyo in 1934, with the hope that the new
convention would be adopted in 1940. However, the advent of World War II in September 1939 altered these
plans they further assert. The ICRC's appeal to warring nations to apply the Tokyo draft on the basis of
reciprocity met with no success. Civilians thus remained without appropriate legal protection during World War
II.
Development of the Geneva Conventions was the main task of the postwar ICRC. The draft of these instruments
was presented to the XVII International Red Cross Conference in Stockholm in 1948, and the ICRC's subsequent
Diplomatic Conference, meeting in Geneva from April 21 to August 12, 1949, adopted the four Conventions. (
Pictet, 1952:92). If World War I provided the impetus for the revision and codification of the 1929
Conventions, and World War II that for the revision and new codification of rules in 1949, the nature of conflicts
after 1945 required the development of new legal provisions. The rules elaborated in 1949 were not sufficient to
ensure the protection of the victims in a growing number of civil wars and wars of national liberation.
Technological developments in the means and methods of warfare also required new legislation.
After discussion at several Red Cross conferences—in Vienna (1965), Istanbul (1969), and Tehran
(1973)—and the International Human Rights Conference in 1968, according to Fleck, (1995:83), the Swiss
Federal Council convened a diplomatic conference on the reaffirmation and development of international
humanitarian law applicable in armed conflicts. After four sessions, this conference adopted the two protocols of
1977.
Geneva Conventions on the Protection of Victims of War
The Geneva Conventions are the essential basis of international humanitarian law applicable in armed
conflicts. They evolved from rules of customary international law binding on the entire international community.
Cassese, (1984:92), relates that when the codification of international law started in the second part of the
nineteenth century, most of these rules were included in international treaties, beginning with the 1864 Geneva
Convention and the 1899 and 1907 Hague Conventions. With contemporary wars continuing to produce
disastrous effects, the Geneva Conventions signed on August 12, 1949, and two additional protocols adopted on
June 8, 1977, are the most important treaties for the protection of victims of war. The treaties adopted include:
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3. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
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• The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field (Convention I)
• The Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea (Convention II)
• The Geneva Convention Related to the Treatment of Prisoners of War (Convention III)
• The Geneva Convention Related to the Protection of Civilian Persons in Time of War (Convention IV)
• Protocol I Relating to the Protection of Victims of International Armed Conflicts
• Protocol II Relating to the Protection of Victims of Non-International Armed Conflicts.
The 1949 Geneva Conventions are a rare example of quasi-universal treaties; by the end of April 2004 some 191
states were signatories to them. The states party to Protocols I and II number 161 and 156, respectively. (Green,
2000:103).
Provisions Common to the Four Geneva Conventions of 1949 and Protocol I of 1977
The Conventions and Protocols are applicable in the case of declared war or any other armed conflict
arising between two or more parties from the beginning of such a situation, even if one of them does not
recognize the state of war. Fleck, (1995:56) emphasizes that they also apply to all cases of partial or total
occupation, even if such occupation meets with no armed resistance. The application ceases at the general close
of military operations. Protected persons benefit from the provisions until final release, repatriation, or
settlement. He further opines that the addition of Protocol I extended the provisions' application to wars of
national liberation, that is, to the armed conflicts in which peoples are fighting against colonial domination and
alien occupation, and against racist regimes in the exercise of their right of self-determination, as enshrined in
the United Nations (UN) Charter and the Declaration on Principles of International Law Concerning Friendly
Relations and Co-operation Among States in Accordance with the Charter of the United Nations.
The so-called Martens Clause, which dates back to the 1899 and 1907 Hague Conventions, specifies that in cases
not covered by the Conventions, Protocols, or other agreements, or in the case where these agreements have been
denounced, civilians and combatants remain under the protection and authority of the principles of international
law derived from established custom, the principles of humanity, and the dictates of public conscience.
(Kalshoven and Liesbeth, 2001:63). Accordingly, the Conventions and Protocols are applied under the scrutiny
of a protecting power, that is, one or more neutral states appointed to safeguard the interests of the parties to the
conflict. The International Committee of the Red Cross assists the parties in designating a protecting power. An
organization that offers all guarantees of impartiality and efficacy may be designated to fulfill the duties
incumbent on protecting powers.
The Conventions and Protocols include important provisions to sanction violations of the humanitarian rules.
They include administrative and disciplinary sanctions as well as sanctions against "grave breaches" (i.e., war
crimes) enumerated in the corresponding articles of each Convention and in the Protocols. Governments are
required to enact legislation to provide effective penal sanctions for individuals committing or ordering any
grave breaches. Osiel, (1999:39), maintains that they must search for those persons alleged to have committed
such acts or who have ordered their commission. Military commanders must prevent breaches, suppress them,
and if necessary report them to the authorities. The principle of universality obliges a state either to summon the
accused to its own courts or to extradite him or her to the state requesting extradition.
Protection of the Wounded, Sick, and Shipwrecked
The first and second Geneva Conventions include almost identical provisions on the protection of persons
and property: the first applying to the armed forces on land, the second to armed forces at sea. Persons needing
medical care and refraining from any act of hostility shall be respected and protected. Wounded, sick, and
shipwrecked combatants who are captured become prisoners of war. Plant, (1992:40), provides that the
Conventions and Protocols also ensure respect and protection for the medical and religious personnel of the
parties to a conflict, whether military or civilian. But the issue lies with the extent to which these rules are
observed during armed conflicts. Protocol I also provides that no one may be punished for performing medical
procedures compatible with medical ethics, regardless of the beneficiaries of this activity. Conversely, no one
may be compelled to carry out acts contrary to the rules of medical ethics. Military or civilian medical
establishments, units, and vehicles may not be attacked or damaged, or hindered in the exercise of their
functions. In the words of Playfair, (1992:32), they are protected, but such protection ceases if they commit
acts harmful to the enemy after a warning setting a reasonable time limit has expired and after such a warning
has gone unheeded. The Conventions and Protocol I also protect medical transportation.
He further maintains that a distinctive emblem, that is, a Red Cross or Red Crescent on a white background,
must be displayed on the installations and mobile equipment of medical units, on medical transportation
vehicles, on hospital ships, in hospital zones and localities, and on the person, clothing, and headgear of all
medical and religious personnel. ICRC and their duly authorized personnel are permitted to use the emblem of
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the Red Cross on a white background at all times. Reprisals against protected persons and objects are strictly
prohibited.
Protection of Prisoners of War
Any combatant who falls into enemy hands is a prisoner of war. According to Plant, (1992:36), the status of
prisoners of war is governed jointly by Article 4 of the Third Geneva Convention, and Articles 43 and 44 of
Protocol I. Article 43 provides the definition of armed forces as follows: “forces, groups, and units under a
command responsible to their party to the conflict for the conduct of its subordinates, subject to an internal
disciplinary system that, among other things, shall enforce compliance with the rules of international law
applicable in armed conflicts”.
A further obligation is for a combatant to distinguish him or herself from the civilian population by wearing a
uniform or distinctive sign recognizable at a distance during military operations. Nevertheless, according to
Article 44, paragraph 3, of Protocol I, in exceptional cases of a specific nature, a combatant may be released
from this duty. However, in such situations, these combatants must distinguish themselves by carrying
arms openly during the engagement and during any period when they are visible to the adversary while engaged
in a military deployment preceding the launching of an attack in which they are to participate. Patrick, (2006:29),
states that, the 1977 Two Additional Protocols arose in response to guerilla wars, where uniforms are often
lacking. Spies and mercenaries are not entitled to the status of prisoner of war.
Prisoners of war fall into the hands of the enemy power and not the actual individuals who captured them. They
must be treated humanely and they are protected by the rules of the Third Convention (1949). As for potential
sources of information, the prisoners are obliged to give only "surname, first name and rank, date of birth, and
army regimental, personal or serial number, or failing this, equivalent information." (Kalshoven, and Liesbeth
2001:48). If captured in a combat zone, based on their views, the prisoners must be evacuated to camps situated
outside the area of danger. The Convention regulates prisoners' living conditions, food, clothing, medical
treatment, the type of work they may be required to do, relations with the outside world (in particular,
correspondence with their families), and the right to receive individual parcels or shipments. The prisoners are
"subject to the laws, regulations and orders in force in the armed forces of the detaining power." They may be
submitted to penal and disciplinary sanctions. They may be put on trial for an offense committed prior to
capture, notably for war crimes.
Also, seriously wounded or sick prisoners may be transported back home during a conflict, or released on parole,
but they may not serve in the armed forces of their homeland subsequently. The detention of prisoners of war
lasts in principle until the cessation of active hostilities, after which they "shall be released and repatriated
without delay." In Protocol I of the Geneva Convention of 1977, most of the rules on the protection of civilians
were included in the Hague Convention and customary rules of international law. Part IV of Protocol I address
this issue in defining a civilian as "any person not belonging to the armed forces." In case of doubt, an individual
is considered to be a civilian. The civilian population and individual civilians are protected against dangers
arising from military operations. They shall not be the object of attack. The prohibition includes attacks launched
indiscriminately. Reprisals against civilians are also prohibited.
Similarly, Fleck, (1995:84), relates that a civilian object is anything that is not a "military objective" (i.e.,
objects that by their nature, location, purpose, or use make an effective contribution to military action and whose
total or partial destruction, capture, or neutralization, in the circumstances existing at the time, offers a definite
military advantage). He further asserts that Civilian objects shall not be the object of attack or reprisals. Special
protection is provided to certain categories of civilian property:
• Cultural property, historical monuments, works of art, or places of worship that constitute the cultural and
spiritual heritage of peoples
• Objects indispensable to the survival of the civilian population
• Natural environment, protected against widespread, long-term, and severe damage
• Works and installations containing dangerous forces, the release of which could cause severe losses among
civilians
General Protection Afforded by the Fourth Geneva Convention
Several provisions of the 1907 Hague Convention and the Fourth Geneva Convention (1949) concern the
general protection of the civilian population against the effects of hostilities. As indicated in Article 4, the Fourth
Convention concentrates on those who, at a given moment and in any manner whatsoever, find themselves, in
case of a conflict or occupation, in the hands of a party to the conflict or occupying power of which they are not
nationals. Part II of the Geneva Convention addresses the general protection of populations against certain
consequences of war and covers "the whole of the population of the countries in conflict, without any adverse
distinction based, in particular, on race, nationality, religion or political opinion, and [is] intended to alleviate the
sufferings caused by war." (Solf and Roach 1987:83.)
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The 1977 Protocol significantly extends protection to specific categories: the wounded and sick; hospitals and
hospital staff; land, sea, and air transportation; consignments of medical supplies, food, and clothing; protection
of children, women, and families; provision of family news; and protection of refugees and stateless persons,
including journalists.
The Fourth Geneva Convention (part iii) deals with the two major categories of the civilian population: those
who are in the territory of the enemy and those who are in occupied territory. Section I includes common
provisions for these two categories: Article 27 declares that Persons protected are entitled, in all circumstances,
to respect for their persons, their honor, their family rights, their religious convictions and practices, and their
manners and customs. They shall at all times be humanly treated, and shall be protected especially against all
acts of violence or threats thereof and against insults and public curiosity. Protection is granted without any
adverse distinction. Special protection is granted to women. Protected persons will have the ability to make
applications to the protecting powers, the ICRC, the National Red Cross or Red Crescent societies of the country
where they reside, and any other organization that might assist them. Physical or moral coercion, pillage, and the
taking of hostages are strictly prohibited.
Two additional sections of the Convention address the issues of aliens in the territory of a party to the conflict
and the treatment of civilians in occupied territories. The rules concerning treatment of internees—outlined in
Section IV—are very similar to those concerning the internment of prisoners of war. Additional Protocol I,
Article 75, was an important later provision. It specifies that persons who fall under the power of a party to a
conflict and who do not benefit from more favorable treatment under the Convention and the Protocol shall be
treated humanely in all circumstances and shall benefit from fundamental guarantees without discrimination of
any kind.
Non-international Armed Conflicts
The Geneva Conventions were designed for application during international armed conflict, as defined in
Common Article 2. According to Durand, (1984:89), for the first time in 1949 the efforts of the ICRC and
some states led to the adoption of the first provision of international law dealing with non-international armed
conflicts. This provision, Common Article 3, applies to all internal conflicts occurring in the territory of one of
the parties to the Convention. Its scope of application is large, but the substantive, material protection it affords
is limited to the minimum. The article specifies only the minimum humanitarian treatment to be provided to the
victims of conflicts. It distinguishes two categories of protected persons: those taking no active part in the
hostilities, including members of the armed forces who have laid down their arms, and those felled by sickness,
wounds, detention, or any other cause. They shall in all circumstances be treated humanely, without any adverse
distinction made on the basis of race, colour, religion, sex, birth, wealth, or any other similar criteria.
The following acts with respect to protected persons are, and shall remain, prohibited at all times and in all
places:
Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture.
Taking of hostages.
Outrages upon personal dignity, in particular, humiliating and degrading treatment.
The passing of sentences and the carrying out of executions without previous judgment pronounced by a
regularly constituted court affording all the judicial guarantees which are recognized as indispensable by
civilized peoples. (Basic Rules of the Geneva Conventions and their Additional Protocols, 1983).
Further, the Common Article 3 also provides that a humanitarian organization, such as the ICRC, may offer its
services to the parties to a conflict and that these parties should further endeavor to bring into force, by special
agreements, all or part of the Conventions' other provisions. In terms of the application of this article, it provides
that such shall not affect the legal status of the parties to a conflict. Common Article 3 was for several decades
the only provision addressing internal conflicts and civil wars, including the wars of national liberation that took
place in the 1960s. During the period following World War II the majority of the conflicts were
non-international. It was therefore quite obvious that improving the protection of the victims of these conflicts
had to be the major objective of the new codification efforts occurring in the mid-1970s. It was only owing to the
ICRC and a few delegations that Additional Protocol II was adopted during the very last session of the 1974 to
1977 Diplomatic Conference, albeit in reduced form.
Protocol Two of the Geneva Convention purpose was to develop and supplement Article 3 without modifying its
existing conditions of application. It was imperative to maintain the humanitarian minimum guaranteed by this
article in all circumstances. It applies only when a conflict takes "place on the territory of a High Contracting
Party between its armed forces and dissident armed forces or other organized armed groups which, under
responsible command, exercise such control over a part of its territory as to enable them to carry out sustained
and concerted military operations and to implement this Protocol," internal disturbances and tensions, such as
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riots, isolated and sporadic acts of violence, and other acts of a similar violent nature being excluded. (Donald,
2008:78).
Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Conscious of its responsibility for the destiny of the rising generation and for the destiny of mothers, who
play an important role in society, in the family and particularly in the upbringing of children, and bearing in
mind the need to provide special protection of women and children belonging to the civilian population, the
General Assembly of the United Nations Organization made the following Declaration on the Protection of
Women and Children in Emergency and Armed Conflicts and calls for the strict observance of the Declaration
by all Member States:
1. Attacks and bombings on the civilian population, inflicting incalculable suffering, especially on women and
children, who are the most vulnerable members of the population, shall be prohibited, and such acts shall be
condemned.
2. The use of chemical and bacteriological weapons in the course of military operations constitutes one of the
most flagrant violations of the Geneva Protocol of 1925, the Geneva Conventions of 1949 and the principles of
international humanitarian law and inflicts heavy losses on civilian populations, including defenseless women
and children, and shall be severely condemned.
3. All States shall abide fully by their obligations under the Geneva Protocol of 1925 and the Geneva
Conventions of 1949, as well as other instruments of international law relative to respect for human rights in
armed conflicts, which offer important guarantees for the protection of women and children.
4. All efforts shall be made by States involved in armed conflicts, military operations in foreign territories or
military operations in territories still under colonial domination to spare women and children from the ravages of
war. All the necessary steps shall be taken to ensure the prohibition of measures such as persecution, torture,
punitive measures, degrading treatment and violence, particularly against that part of the civilian population that
consists of women and children.
5. All forms of repression and cruel and inhuman treatment of women and children, including imprisonment,
torture, shooting, mass arrests, collective punishment, destruction of dwellings and forcible eviction, committed
by belligerents in the course of military operations or in occupied territories shall be considered criminal.
6. Women and children belonging to the civilian population and finding themselves in circumstances of
emergency and armed conflict in the struggle for peace, self-determination, national liberation and
independence, or who live in occupied territories, shall not be deprived of shelter, food, medical aid or other
inalienable rights, in accordance with the provisions of the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the Declaration of the Rights of the Child or other instruments of international law. (Declaration
on the Protection of Women and Children in Emergency and Armed Conflict proclaimed by General Assembly
resolution, 1974).
Key Issues Surrounding International Humanitarian Law
The International Humanitarian Law lays down the minimum protection and standards applicable to situations
where people are most vulnerable in armed conflicts. It aims to prevent situations that might exacerbate
vulnerabilities, such as displacement and destruction of civilian property. In the views of Kelvinson,
(2003:77), International Humanitarian Law (IHL) demands of belligerents that they respect the distinction
between combatants and noncombatants, attack only military targets, and use only the degree of violence
proportionate to their military requirements, all the while taking due care to protect civilians and civilian
infrastructure. Regrettably, the practices of belligerents in war lag well behind legal requirements, and the
global "culture of protection" of civilians called for by Kofi Annan is still a distant prospect. In short, civilians
are in dire need of protection and assistance in situations of violence around the world. The engagement by aid
agencies in the protection of civilians is based on 'humanitarian principles', which derive from IHL and at once
establish the nonaligned (neutral, impartial, independent) role of humanitarian agencies in situations of violence,
and protect the "humanitarian space" required by agencies to assure the safety and welfare of civilians. But the
nature of war is changing - with conflicts increasingly inter-relatedly, involving non-state actors and including
the deliberate targeting of civilians - and this has led some observers to question the relevance, or at the least the
applicability, of IHL. (Osefo, 2005:32).
The United Nations has also welcomed the inauguration of the International Criminal Court, as part of the
protection equation: providing for the prosecution of war criminals, and thus an end to impunity, in order to
serve as a deterrent to those who would violate the rights of civilians, and others, in wartime. However, the
execution of these rules lies the worry of this paper, as stated earlier. Humanitarian law has ample provision for
dealing with modern warfare, according to ICRC President Jakob Kellenberger. The challenge is to have those
provisions respected and put into practice by all. But what are the barriers to this, how can they be overcome
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and IHL be made to work better for civilians, and what are the implications for humanitarian workers and
agencies aiming to protect civilians?
Strengthening Legal Protection for Victims of Armed Conflicts
An open debate on the protection of civilians in armed conflict was held on 9 December 2005. Green,
(2000:57) affirms that a draft resolution submitted by the United Kingdom (UK) met opposition, particularly
within the Super Power Five (SP5). As a result it was agreed that negotiations should be progressed at the
bilateral level and among the Super Power Five (SP5) before a text came back to all Council members.
According to him, for many Council members it was frustrating that the Council was having difficulties agreeing
on language relating to the "responsibility to protect", especially since that concept had been endorsed by the
Heads of State so recently in the September 2005 Summit Outcome Document. However, a new draft was set to
address all of the key issues relating to civilians, including:
• The reaffirmation of the responsibility to protect, which will be kept in an operative clause. This is the main
achievement of the new draft, which seems to have overcome Russian and Chinese reluctance to have this
principle reaffirmed by the Council. It seems that the new approach first gained Chinese acceptance and then
Russia's support. (Grazzperh, 2008:119).
• The draft reaffirms the importance of continuing the Council's practice of ensuring that all UN
Peacekeeping mission mandates should have provisions aimed at protecting civilians in their mandates. New is
the provision that the protection of civilians, particularly those under imminent threat, would be given priority in
the decisions about the use of available resources. The Council also directly expresses its intention, for the first
time, of ensuring that those protection mandates be implemented. (Nogglar, 2009:84)
• The Council reiterates the necessity to allow full unimpeded access to humanitarian personnel to conflict
areas (a principle already mentioned in previous resolutions on the protection of civilians).
• The Council, in resolution 1296 (2000), emphasized the importance for humanitarian organizations to
uphold the principles of neutrality, impartiality and humanity in their humanitarian activities. The new draft
extends this provision to "all", which implicitly also includes state actors.
• Finally, the Council reaffirms its readiness to respond to situations where the deliberate targeting of
civilians and the commission of flagrant violations of international humanitarian and human rights law in
situations of armed conflict constitute a threat to international peace and security. This provision, already
contained in resolution 1265 (1999), while initially resisted by the US during consultations, now seems widely
accepted.
But the new draft also inevitably presents some compromise on various points of contention:
• There is no specific reference to the International Criminal Court (ICC). Justice and reconciliation
mechanisms mentioned include national, international and "mixed" criminal courts and tribunals and truth and
reconciliation commissions. However, the text does not exclude the ICC and it emphasizes that states have a
responsibility to comply with their relevant obligations to end impunity (relevant to those who have ratified the
Rome statute - currently nine members of the Council).
• The Russian proposal to include a provision on the prohibition of torture in occupied territories did not
materialize. It seems, however, that a general condemnation of torture against civilians in armed conflict will be
reaffirmed in the draft resolution.
• The new text addresses in general terms the issue of safeguards for internally displaced persons (IDPs). But
there is no clear mention of the international community's duty to assist and support states to fulfil their
responsibilities with regard to IDPs. The text only refers to "other persons protected under international
humanitarian law". It seems that there remains some dispute as to whether IDPs are covered by international
humanitarian law or whether that would infringe on the principle of non-interference in the domestic affairs of a
state (Official Records of the Diplomatic Conference on the Reaffirmation and Development of International
Humanitarian Law Applicable in Armed Conflicts, 1978).
War Victims and Circumstances of Displacement and Economic Hardship
Displacement is the most common consequence of armed conflict and women are the most affected civilian
population. Draper, (2008:43), posits that the United Nations High Commissioner for Refugees estimates that
women and children comprise 70-80% of the world’s refugee and internally displaced population. In flight, as
well as upon arrival in an urban shantytown or refugee camp, women commonly experience violence and abuse
at the hands of warring parties, opportunistic civilians or those who are supposed to be peacekeepers. Without a
viable social or economic support network and often without male protection, displaced women are highly
vulnerable to violence. For instance, in the Maela camp for internally displaced persons from the Rift Valley,
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Kenya, women were frequently raped by security personnel when they left camp in search for food or for work
as day laborers. One woman reported, “even though we knew this was likely to happen, we continued to do this
work because our children were hungry and we had no choice.” (Bugnion, 2000:74).
On the other hand, the economic impact of armed conflict manifests itself in gender-specific ways. Women’s
burdens in times of war become especially heavy as they take responsibility for household work and obligations,
as well as supplement the finances of absent male relatives. As a result, women’s usual functions within the
household become more difficult to carry out. If women are forced to become the sole provider for their families,
the absence of an adequate infrastructure often leaves women unable to feed their families or find paid work. In
periods of extreme hardship and faced with a chronic lack of resources in order to provide for their families,
women may feel compelled to engage in work in the informal employment sector that place them at increased
health and security risks.
Conclusion
From the foregoing discourse, it has been observed that the four Geneva Conventions of 1949 provide effective
legal protections for women and children during armed hostilities, but with weak instruments for execution.
Again, the wellbeing of the sick, the wounded, prisoners of war and the shipwrecked are also provided for in the
two additional protocols of 1977, with little or no enforcement capabilities in contemporary armed conflicts.
Equally, civilians do face challenges of displacement and economic difficulties in the present day armed
hostilities. Concomitantly, these anomalies are traceable to the limitations of the treaty law which hampers legal
protections of victims in armed hostilities. (Michaels and Adams, 2007:66). Treaties only apply to states that
have ratified them. While the four Geneva Conventions of 1949 have been universally ratified, other treaties
such as the 1977 Additional Protocols to the Geneva Conventions have not, and as a result, are not binding on a
number of states involved in armed conflicts. That is why certain rules and provisions are not observed today.
However, it follows that many of the rules contained in such treaties are part of customary international law and,
as such, apply to all states and to all parties to a conflict.
Again, even though non-international armed conflicts represent the majority of contemporary armed conflicts,
treaty law does not regulate them in sufficient detail. According to Picket, (1952:48), treaty law applicable to
non-international armed conflict is limited to common article 3 of the four Geneva Conventions and the few
articles of Additional Protocol II which contain only a very rudimentary regulation of the conduct of hostilities
and humanitarian relief operations for example. Accordingly, the state practice has developed a more complete
regulation of internal conflicts under customary law than in treaty law. In fact, one hundred and forty nine (149)
out of the one hundred and sixty one (161) rules on legal protection of war victims are applicable to
non-international armed conflicts. Further, it is vital to underline that in internal conflicts; both governmental
armed forces and rebel forces are bound by customary rules and can be held accountable in case of
non-compliance. Nevertheless, in order to determine which treaty law applies to a particular conflict, a prior
characterization of the conflict as international or non-international is required and this is often difficult or
subject to dispute. It therefore implies that many rules apply equally in international and non-international armed
conflicts. For example, the prohibition of attacks on civilians, journalists or humanitarian relief personnel and the
prohibition of forced displacement of populations apply in any armed conflict.
In order for customary law to have a practical impact on the ground it must be known and used not only by
academics but by all those dealing with International Humanitarian Law. This includes military lawyers,
government officials and national and international courts and tribunals that are required to enforce International
Humanitarian Law. Finally, enhanced legal protections of war victims should be a matter of unavoidable
necessity and a subject of prime interest to the United Nations, regional organizations and international
community at large. Protection of lives and properties during international and non international armed conflicts,
according to Phinneh and Robberts, (2010:96), should be of utmost importance to the 21st century world
organizations, whose policy configuration is geared towards practical minimization of armed hostilities among
nation states. With these, maximum peace and security would be actualized at the centre stage of world politics.
References
Basic Rules of the Geneva Conventions and Their Additional Protocols (1983). Geneva: International Committee
of the Red Cross.
Boissier, Pierre (1985) History of the International Committee of the Red Cross: From Solferino to Tsushima.
Geneva: Henry Dunant Institute.
16
9. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol 3, 2012
Bothe, M., Partsch, K.J. and Solf, W.A. (1982) New Rules for Victims of Armed Conflicts: Commentary on the
Two 1977 Protocols Additional to the Geneva Conventions of 1949. The Hague: Martinus Nijhoff.
Bugnion, François (2000) The International Committee of the Red Cross and the Protection of War Victims.
Geneva: International Committee of the Red Cross/Macmillan.
Cassese, Antonio (1984) The Geneva Protocols of 1977 on the Humanitarian Law of Armed Conflict and
Customary International Law, UCLA Pacific Basin Law Journal 3:55–118.
Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (1987).
Geneva: International Committee of the Red Cross.
Declaration on the Protection of Women and Children in Emergency and Armed Conflict Proclaimed by General
Assembly resolution 3318 (XXIX) of 14 December 1974
Donald, P.A. (2008) War and Peace among Nations, Paris: Prommonarts.
Draper, G. I. A. D. (1958) The Red Cross Conventions. London: Stevens & Sons.
Durand, André (1984) History of the International Committee of the Red Cross: From Sarajevo to Hiroshima.
Geneva: Henry Dunant Institute.
Final Records of the Diplomatic Conference of Geneva of 1949 (1950). 4 volumes. Bern, Switzerland: Federal
Political Department.
Fleck, Dieter, ed. (1995) The Handbook of Humanitarian Law of Armed Conflicts, Oxford: Oxford University
Press.
Grazzperh, B.K. (2008) United Nations, London: Oxford University Press.
Green, Leslie C. (2000) The Contemporary Law of Armed Conflicts 2nd edition, Manchester, U.K: Manchester
University Press.
Kalshoven, Frits, and Liesbeth Zegveld (2001) Constraints on the Waging of War. An Introduction to
International Humanitarian Law. Geneva: International Committee of the Red Cross.
Kelvinson, Z. Y. (2003) International Law, Addis Ababa: Kelvinson Publishers.
Michaels P. and Adams, O.H. (2007) International Humanitarian Law, Chicago: Forts Establishments.
Nogglar, A.C. (2009) Customary International Law, Cambridge: Brommick Publishers.
Official Records of the Diplomatic Conference on the Reaffirmation and Development of International
Humanitarian Law Applicable in Armed Conflicts, Geneva, 1974 to 1977 (1978). 17 volumes. Bern,
Switzerland: Federal Political Department.
Osefo, H (2005) The Laws Of War, London: Oxford Press Ltd.
Osiel, Mark J. (1999) Obeying orders: Atrocity, Military Discipline, and the law of War, New Jersey:
Transaction publishers, New Brunswick.
Patrick H.L. (2006) Modern Principles of Law of Armed Conflict, Italy: Santona Press.
Picket Jean S. (1952) The Geneva Conventions of 12 August 1949: Commentary, 4 volumes International
Committee of the Red Cross Geneva. London: Belhaven Press.
Pictet, Jean (1977) Fresh Aspects of International Humanitarian Law, International Review of the Red Cross
17:339–401.
17
10. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol 3, 2012
Pictet, Jean S. (1952–1960) The Geneva Conventions of 12 August 1949: Commentary, 4 volumes. Geneva:
International Committee of the Red Cross.
Piggott, Francis (1919) The Declaration of Paris 1856, University of London Press, London.
Plant, Glen (1992) Environmental Protection and the law of War: A Fifth Geneva Convention on the Protection
of the Environment, in Time of Armed Conflicts, London: Beihaven Press.
Playfair, Emma (1992) International law and the Administration of Occupied Territories: Two Decades of
Israeli Occupation of the West Bank and Gaza Strip, Oxford: Clarinda Press.
Solf Waldemar, A., and Roach J. Ashley (1987) Index to the International Humanitarian Law. Geneva:
International Committee of the Red Cross.
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