International Humanitarian Law
16-11-2008, 08:22 AM
International Humanitarian Law



"International Humanitarian Law," and also called the "law of armed conflict" or "law of war", is among the rules that protect persons in time of war, who do t participate in hostilities or who longer participate, and restrict the use of methods and means of warfare. The basic purpose of the reduction and prevention of human suffering in times of armed conflict. Not only abide by the rules of law on government and armed forces, but also extends to armed opposition groups and other parties to conflicts.


The four Geneva Conventions of 1949 and the Additional Protocols Ilihaam 1977 the basic instruments of humanitarian law. A number of other provisions of humanitarian law including the Geneva Protocol prohibiting the use of gases and the United Nations Convention in 1980 on Certain Conventional Weapons and the Ottawa Convention on landmines.

Apply the four Geneva Conventions of 1949 on international armed conflicts. The provisions of civilians and persons who are unable to participate in the fighting Kjerhy and detainees must avoid them and to be treated humanely. These agreements also specify the role of the International Committee for the alleviation of human suffering. In addition, Article III allows common to all four conventions of the International Commission to offer its services in the event of n-international armed conflict, and ensure that this article a minimum of protection for victims of such cases.

At the beginning of 2001 were 189 States parties to the Geneva Conventions.

Complements the Additional Protocols of 1977 conventions. Are designed to limit the use of violence and protect the civilian population, by strengthening the rules governing the conduct of hostilities.

How do you kw the conflict?

International armed conflict include the armed forces of at least two. Non-international armed conflict is the face of conflicts within the territory of a State between the regular armed forces and armed groups to be identified, or between armed groups. Internal disturbances occur when the State used armed force to restore order and maintain, without a fully armed conflict. Internal tension occurs when using force, in the absence of internal unrest, as a preventive measure aimed at maintaining law and order.

The development of the law

With the changing nature of war must explore and develop new aspects of humanitarian law. Since the first Geneva Convention of 1864 the ICRC has worked to improve the protection of war victims through the adoption of new legal rules. To this end, legal experts organize meetings and participate in conferences on humanitarian issues. By "advisory services" on international humanitarian law, the ICRC encourages States to adopt legislation for the application of humanitarian law at the national level. The Commission's experts in international legal institution is based in Geneva and in the field of technical assistance to States, for example, on legislation to prosecute those accused of war crimes and the protection of emblems of Red Cross and Red Crescent Societies.

The ICRC also considering ways to improve implementation of the law. The study conducted at the level of the whole world on customary international rms, in order to identify where practices may be accepted for the time being to complete the written laws and treaties. In addition, it is working to promote awareness of the law and abide by its provisions. (See also preventive action, p. 34).

ICRC activities are complementary to its field of law. In addition to providing assistance to populations in need, the presence of the ICRC in the field and gives it a privileged position to monitor the observance of humanitarian law and get acquainted with the problems faced by victims of armed conflict in their daily lives and take the lead in the development of new laws.

Who are they protected by international humanitarian law?

First Geneva Convention (1949) protects members of the armed forces wounded and sick in the field.
Second Geneva Convention (1949) protects members of the armed forces wounded, sick and drowned at sea.
Third Geneva Convention (1949) protects prisoners of war.
Fourth Geneva Convention (1949) to protect civilians.
Additional Protocol I (1977) strengthens protection for victims of international armed conflicts.
Additional Protocol II (1977) strengthens protection for victims of n-international armed conflicts.

When there are violations ...

While ting the International Committee of violations of the rules of war are secret contact with the authorities responsible. If these serious and repeated violations and confirmed with certainty did t help of secret contacts with the authorities to improve the situation, the International Committee reserves the right to take a position publicly condemns this violation of humanitarian law, when the government deems that such a declaration serves the interests of persons affected or at risk of such violations . It remains to resort to this action is exceptional.

Not for the Commission to investigate or prosecute violations. It is the responsibility of States parties to the Geneva Conventions commitment to the inclusion of provisions in national legislation to suppress violations of humanitarian law, including the prosecution or extradition of war criminals. May be the prosecution of crimes before the national courts of different countries or before an international tribunal. The cradle of the Rome Statute of the International Criminal Court, opened for signature in July 1998, the road towards the establishment of internationally recognized body for the prosecution of perpetrators of war crimes who escaped for one reason or ather trial by national judicial systems. In the Rules of Procedure of the Court, a staff of the International Committee only exemption to give evidence before it, because if the employees called as witnesses in judicial proceedings would breach of neutrality, which could threaten their access to victims without discrimination.

What is the difference between international humanitarian law and human rights law?

There is substantial convergence between international humanitarian law and human rights law, both on the right of everyone to physical and moral integrity and dignity under any circumstances. However, given the nature of international humanitarian law to reduce suffering in armed conflicts, this law contains provisions more specific than those contained in the human rights treaties, such as those relating to the means and methods of warfare. Despite their differences, there is integration between human rights law and humanitarian law.

Weapons: to avoid the worst

International Committee working hard to ensure that the weapons used or under development with the provisions of existing humanitarian law.

Restrictions on the methods and means of warfare

From a humanitarian point of view, there are two aspects of concern in connection with the arms. First, is indiscriminate weapons and therefore likely to sign deaths and injuries among civilians? Secondly, is causing excessive pain is t justified by the specific military objective? The two major concerns in the global campaign which was launched recently to ban landmines, the campaign that led to the "Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction," better kwn as the Ottawa treaty.

There are other weapons also seen most people, even within military circles, as it was repugnant and place even in the areas of fighting. This includes weapons specifically designed to cause blindness or injury with poisons or diseases or causing the death of an investigator. The belief that some weapons "unacceptable" resulted in international agreements banning the use of dumdum bullets (1899) and the Chemical Weapons (1899, 1925, 1993) and biological weapons (1925 and 1972), more recently, blinding laser weapons (1995), the first time being banned By the use of weapons on the battlefield.

The International Committee encourages States to establish national mechanisms, as required by Article 36 of Additional Protocol I to the Geneva Conventions, to verify whether the weapons were intended to develop or acquire or use a violation of international humanitarian law. We must take several factors into account in this verification work, including the question of whether a weapon falls within the category of weapons that cause excessive injury or unnecessary suffering. In this context, the International Committee encourages States to consider the effects of weapons on health, compared to the effects of other factors such as military necessity. And work to be done very strict verification include aspects of several weapons being inflicted by or implications are t yet familiar.

Unrestricted availability of weapons

The unrestricted availability of small weapons of war and called for concern in the humanitarian community. In most conflicts last decade, deaths and injuries resulting from the larger conventional weapons such as missiles, tanks, aircraft and warships were less than those caused by small arms and light weapons. Arms reach increasingly into the hands of private armies, militias and rebel groups and criminal organizations and parties that are t delayed. Can anyone, even children, the operation of these weapons, they are light and easy pregnancy, and their use is t needed to train negligible. And often facilitate the acquisition of assault rifles quick shots at far less than the cost of production.

There is compelling evidence indicating serious impact damage to the broad availability of arms of a military nature to respect international humanitarian law and the possibility of delivery of assistance to victims of war who seeks law to protect them. The International Committee contributed their expertise in the international debate on the escalating problem, as highlighted civilians suffered because of the trouble free circulation of arms and ammunition also appealed to governments to take into account the impact on the prospects for respect for humanitarian law when making decisions on arms transfers.











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التعديل الأخير تم بواسطة عزالدين بن عبد الله ; 16-11-2008 الساعة 08:24 AM