Development Of International Humanitarian Law Research Articles

International humanitarian law as a result of challenges of armed conflicts

The study is devoted to the analysis of the evolution of international humanitarian law in the context of the protection of human rights and freedoms during armed conflicts. The historical development of legal norms is considered, starting from the early attempts to regulate military operations to the formation of the modern system of international law. Special attention is paid to three key areas of development of international humanitarian law: Geneva, Hague and New York. The Geneva Conventions of 1949 and additional protocols to them, which became the foundation for the protection of war victims, are analyzed in detail. The Hague Conventions of 1899 and 1907, which established the rules of warfare and the principles of peaceful resolution of conflicts, are considered. The role of the UN in the development of international law is highlighted, in particular through the adoption of resolutions and the holding of international conferences. The work emphasizes the importance of creating universal standards for the protection of human rights and their consolidation at the level of international law. Key international documents such as the Universal Declaration of Human Rights, International Covenants on Human Rights and European Conventions are analyzed. The study reveals the process of integration of various aspects of humanitarian law, which led to the formation of a comprehensive approach to the regulation of armed conflicts. There is a growing understanding of the relationship between human rights, the rules of war and the protection of civilians. Particular attention is paid to modern challenges in the field of human rights protection during armed conflicts, in particular in the context of the Russian-Ukrainian war. Ukraine’s efforts to adapt national legislation to the conditions of armed conflict and the implementation of international norms are considered. The study emphasizes the need for continuous improvement of mechanisms for the protection of human rights in the conditions of armed conflicts and adaptation of international law to the new realities of warfare. The work is important for understanding the current state of international humanitarian law and the prospects for its development.

From treaty to custom: Shifting paths in the recent development of international humanitarian law

AbstractFrom 1864 to the 1970s, international humanitarian law (IHL) changed through the path of formal treaty revision. Since 1977, however, purported changes to IHL have come not from treaty making but from interpretation, particularly through claims about the attainment of customary status by existing treaty rules. This article explains this shift as the result of the attitudes and choices of key IHL stakeholders under the changed conditions of post-Second World War multilateralism. It argues that the turn toward customary law claims-making was a reaction to the negotiation politics and contested outcomes of the 1977 Additional Protocols (APs) to the Geneva Conventions. After 1977, leading actors looked to custom as a means of arresting or encouraging legal change. The resulting, much-expanded IHL has proved influential and authoritative, even if its precise degree of acceptance by states remains unclear.

Журналистерді қарулы қақтығыстарда қорғаудағы халықаралық ұйымдардың рөлі

The intensity of armed conflicts on the international stage is increasing, posing significant risks to the lives of journalists disseminating information from conflict zones. This article provides a comprehensive analysis of the role of international laws and organizations in ensuring the protection of rights and safety of journalists in armed conflict situations. The study focuses on examining the application and effectiveness of international legal acts, including the Geneva Conventions and their Additional Protocols, as well as analyzing the activities of major international organizations such as the UN and UNESCO, the Committee to Protect Journalists, and Reporters Without Borders. The authors highlight the historical essence of the development of international humanitarian law and emphasize its adaptation to modern conditions of warfare, characterized by diversity and ambiguity in conflicts. Special attention is given to the analysis of problems and challenges faced by journalists in conflict zones, and the role of international organizations in protecting their rights and freedoms. The article also presents recommendations for strengthening international and national defense mechanisms, as well as the need to improve informational support and educational programs for journalists working in conflict zones. In the conclusion of the research, the authors underscore the importance of global collaboration for the effective protection of journalists, identifying the necessity for further development and refinement of international regulatory mechanisms in the context of the constantly changing nature of armed conflicts

A Comprehensive Review of ICRC's Role in Promoting the Applicability of International Humanitarian Law

This article provides an in-depth examination of the International Committee of the Red Cross's (ICRC) multifaceted role in promoting the applicability of International Humanitarian Law (IHL). With a unique and distinctive nature, the ICRC, which has been in existence for 150 years, plays a crucial role in encouraging compliance with International Humanitarian Law (IHL). It functions as a direct advocate for the Conventions in various conflicts around the globe. Before the establishment of the Conventions, the ICRC has been instrumental in the development of International Humanitarian Law (IHL) since the mid-1800s. The author also examines how historical influence continues to shape the ICRC's obligations under the Conventions. Despite the Conventions' limited function for the ICRC, its actual operations differ greatly from its authorised duties. States and non-state actors recognise the ICRC's unique status as a Swiss NGO with an international presence and accept its actions. The ICRC's history of using discretion and flexibility to navigate a treaty with a weak mandate supports this acceptance.

Addressing Non-International Armed Conflicts Vis-À-Vis International Humanitarian Law and Human Rights Regime

In contrast to traditional wars fought between States, most armed conflicts under international law have been fought within the boundary of States. Non-international armed conflicts (NIAC) are those internal wars or armed conflicts that occur inside the border of a State and include conflict between the government of a State and armed groups or only between armed organizations. Since these internal armed conflicts mirrored war between States in nearly every way, a need arose for a set of laws that might put efforts to 'humanize' their conduct at the same level as the laws regulating international armed conflict (IAC). This article highlights the significant debate between international and non-international armed conflicts and whether the difference has been virtually removed. This paper then discusses how NIAC is governed by the body of laws known as international humanitarian law (IHL). Lastly, this research looks at the debate on the difference between international and non-international armed conflicts from the standpoint of international human rights law (IHRL) to understand the characterization of armed conflicts under IHL. Indeed, there is a great deal of ambiguity in borderline circumstances due to the sliding scale for applying IHL and IHRL in NIAC, which also imposes differing obligations on the government and armed groups. Adopting a harmonious and cooperative approach may prevent any detrimental effects on the development of IHL and IHRL.

INTERNATIONAL RED CROSS MOVEMENT: HISTORICAL BACKGROUND

The article describes the process of formation of the International Movement of the Red Cross and Red Crescent, and defines the limits of authority of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the Red Cross Society of Ukraine. On the basis of the study of international and Ukrainian normative legal acts, the main forms of cooperation of our state with the specified international movement in the conditions of the military conflict in the east of Ukraine are determined. Particular attention is paid to the International Committee of the Red Cross, which provides financial, material, psychological and educational assistance to both the population and the bodies of state executive power and local self-government bodies of Ukraine.The importance of the need to provide assistance to the wounded was realized already at the early stages of the development of human civilization. The article examines the history of the emergence and development of international humanitarian law («laws and customs of war»). However, the author notes that decisive steps were taken here precisely in the 19th century, as the rapid progress in the development of weapons and military art led to a sharp increase in the number of victims of hostilities. In this connection, considerable attention is paid to the figure of Swiss businessman and public figure Henri Dunant. The article notes that it was the activity of the latter that became the basis for the adoption of the famous Geneva Convention (1864) «On the Improvement of the Fate of Wounded and Sick Soldiers in Land War».Based on the conceptual achievements of modern historiography and using a wide range of diverse sources, the author has analyzed historical background of the Ukrainian Red Cross movement, its ideological principles of operation and main directions of development.

The role of National Red Cross and Red Crescent Societies in the development of international humanitarian law: Lessons learned and perspectives based on the Belgian Red Cross experience

AbstractNational Societies can assist their authorities in the development of international humanitarian law (IHL). This role has been consolidated in their mandate, especially through their auxiliary role in support of public authorities in the humanitarian field. This article recalls the main legal bases from which this role is derived. Based on the Belgian Red Cross experience, it demonstrates how the National Societies’ support to the promotion and national implementation measures of IHL can constitute an incentive for further elaboration of IHL treaties and policies. It also highlights their humanitarian diplomacy work to assist the International Committee of the Red Cross's approach at the international level. Finally, the article shares some thoughts to increase the Movement's collective impact in IHL development.

The International Court of Justice and the development of international humanitarian law

AbstractBoth in its advisory and contentious jurisdiction, the International Court of Justice has made considerable contributions to the evolution and interpretation of international humanitarian law (IHL). The judgments and advisory opinions of the Court in various cases have also developed the regulation of armed conflicts by showing the interplay of other bodies of international law and have shaped the development of non-binding IHL norms. The purpose of this short article is to consider the role of the International Court of Justice in the development of IHL.

How international humanitarian law develops

AbstractThis article takes a critical look at the development of international humanitarian law (IHL), from its early codification in the Hague and Geneva Conventions to the present day. It examines why and how IHL develops – through treaty, custom, interpretation and soft-law instruments, as well as the influence of jurisprudence and other branches of law. In doing so, it highlights some of the distinctive elements of IHL that set it apart from other bodies of law and explains how these elements influence IHL development. Turning to the present, it addresses some of the key arguments commonly heard against attempting any further development of IHL, by answering the following three key questions: Does IHL need to develop further? If so, how can this be achieved? And what are the prospects for such development in the near future? In answering these questions, the article argues that IHL will continue to develop in many ways, and that while the current environment does not appear propitious for new legally binding norms of IHL, they continue to be both necessary and possible.

How will international humanitarian law develop in the future?

AbstractThis article tries to imagine how the development of international humanitarian law (IHL) could continue despite current difficulties, increasing the ownership and contribution of States and armed groups in this process. After suggesting that some traditional assumptions about IHL may need to be abandoned, it tries to suggest a new way in which IHL rules could be developed, through States adopting together core obligations and principles and each State and armed group then specifying the details internally, but publicly. Finally, it stresses the importance and difficulties of involving non-State armed groups in this process.

Informal international law-making: A way around the deadlock of international humanitarian law?

AbstractOver the last two decades, international humanitarian law (IHL) has seen a stalling with regard to States’ willingness to adopt treaties or to be formally involved in the development of IHL. This raises the question of whether holding on to the doctrine of sources as laid down in Article 38 of the Statute of the International Court of Justice is the only way to meaningfully further develop IHL. Indeed, in recent years IHL instruments have often dispensed with certain formalities that are traditionally linked to (the formal sources of) international law; this phenomenon is also called “informal international law-making” (IIL). The present contribution will analyze IIL as an alternative way forward in light of the current “deadlock” caused by States’ unwillingness to conclude new IHL treaties or to recognize customary IHL. In this article, we will investigate and assess the opportunities, shortcomings and pitfalls offered by informality by looking into examples of IIL within IHL. More concretely, we will look into State practice in relation to (1) the Safe Schools Declaration, (2) the Tallinn Manual and Tallinn Manual 2.0, and (3) the Montreux Document. Most importantly, our findings will assess whether IIL can overcome one of its alleged main disadvantages: its lack of effectiveness.

How to develop international humanitarian law taking armed groups into account?

This contribution aims to explore whether international humanitarian law (IHL) of non-international armed conflicts (NIACs), treating armed groups and states equally, is realistic for armed groups. It examines how we can ensure that it remains or becomes realistic for them and how it can be implemented against, with and by, armed groups realistically. IHL of NIAC is more rudimentary than IHL of international armed conflict. Although humanitarians, academics, international tribunals and, to a certain extent, even states want to close this gap – no one has asked armed groups whether and how they are able and willing to close this gap. It is argued that the substance of IHL rules and the difficulties of implementing and enforcing them are interrelated. A possible additional process of how IHL rules can be developed in the future taking armed groups equally into account will be suggested. Armed groups have no say in the development of IHL. Obstacles standing on the way of giving armed groups a say in the development of IHL and how they could be overcome will be explored. Such a role of armed groups could ensure that IHL is realistic for them and contribute to their willingness to respect it. The process suggested could also increase respect beyond armed groups.

F.F.Martens' Contribution to the Development of International Humanitarian Law

F.F.Martens' Contribution to the Development of International Humanitarian Law

The silence of Africa in the international humanitarian law debate

International humanitarian law (IHL), as a component of international law, specifically seeks to limit the effects of warfare. The law of wars aims to limit suffering by regulating how war is fought. Despite the universal nature of most rules of IHL, Africa has been largely left behind, especially in the development of these laws and also in understanding and applying such laws on the continent. Notably, Africa has had its fair share of armed conflicts over the years, the effects of which have been devastating. However, there has been a disconnect between the development and the application of the rules of IHL in Africa. The history of Africa has led to the continent being disconnected from the development of IHL over the years. This article, therefore, aims to illustrate the gaps that exist in regard to Africa in the development of IHL as well as the exclusion of Africa’s concerns from the global IHL debate. The article considers why there is regional disengagement when it comes to IHL debates on the continent. This is done by first examining the reality of wars in Africa, which are similar to those that have occurred in other parts of the world. The article then considers the development of IHL as a body of international law that regulates armed conflicts and the gaps that exist in its application to and development in Africa. Finally, this article reflects on some of the ways of ensuring that Africa does not remain passive when engaging in the global IHL debate.

Проблеми права війни в наукових працях Херша Лаутерпахта

The article examines the scientific contribution of Hersch Lauterpacht to the development of international humanitarian law. Based on the analysis of scientific works of prof. H. Lauterpacht, it was emphasized his anthropocentric approach to the law of war, which, in his opinion, always has a humanitarian focus: to prevent or alleviate suffering, and in some cases to save lives during the war. The purpose of the article is to investigate the contribution of Hersch Lauterpacht to the development of the concept of the law of war (international humanitarian law). The methodological basis of the article are both general and special methods of legal science (comparative law, historical law and formal-dogmatical). Particular emphasis is placed on the anthropological concept of understanding the law of war. Scientific novelty. In Ukrainian jurisprudence, the scientific views of Hersch Lauterpacht and their contribution to the development of modern humanitarian law are studied for the first time. Conclusions. H. Lauterpacht’s scientific views on the law of war are quite relevant today. Although the author did not use the established term «international humanitarian law», but instead used the term «law of war», the researcher actively underlines the humanitarian orientation of the law of war. The purpose of the law of war is almost entirely humanitarian in the literal sense of the word – to prevent or alleviate suffering, and in some cases to save lives from the brutality of hostilities. H. Lauterpacht emphasized that the war expelled as a legal institution continues to exist; therefore, for reasons of humanity and human dignity, it needs legal regulation. Keywords: Lauterpacht; law of war; international humanitarian law; aggression; civilian population.

Principles of international humanitarian law

The article considers topical issues of the general concept and system of principles of international humanitarian law. The basic general and special principles of this branch of international law are investigated, and also the principles and ways of interpretation of its norms are analyzed. The tendencies of further development of the principles of international humanitarian law are determined. In the modern world, international humanitarian law has become a unique legal phenomenon and has acquired the most universal institutional and legal nature. But even today, this authoritative branch of international law continues its development, which is influenced by numerous factors, including increasing the conflict of modern international relations, which necessitates effective action by the UN and other international organizations and individual states, and, in turn, requires a theoretical analysis of the humanitarian international legal force mechanism that international law theorists hope can provide an effective response to the brutal challenges of the new millennium. However, this leads to the fact that in some cases the forces of the UN or other international organizations actually become a party to an armed conflict, which leads to the fact that such a conflict already affects not only the state or states of the conflict zone, but also third countries place their armed forces at the disposal of international organizations. The need to comply with international humanitarian law is highlighted in numerous Security Council resolutions and decisions of other UN bodies, decisions of regional international organizations, including the Council of Europe and the European Union, which significantly affect the formation and further development of international humanitarian law. Key words: theory of international law, principles of international humanitarian law, system of principles, international relations, international judicial practice.

International Humanitarian Law and Non-State Actors: A Contradiction of Terms?

There seems to have been a shift in the state-centric vision of international relations, following the increasing role of non-state actors (NSAs) on the international scene, particularly in the context of armed conflicts. Ezequiel Heffes, Marcos Kotlik and Manuel Ventura, editors of International Humanitarian Law and Non-State Actors, present through this collection of contributions an overview of legal issues arising from this new reality. The editors draw on their personal experience to explain how NSAs contribute to the development of international humanitarian law (IHL) and to suggest that in order to promote respect for IHL by all parties involved in an armed conflict, this new role should be given due consideration from a legal standpoint. The review aims to confront critically the position taken in the volume, assessing the pros and cons of an increased recognition (and potential legitimisation) of NSAs, with a particular focus on non-state armed groups. It discusses, in particular, the implications of this process for the exercise of sovereign rights and respect for fundamental guarantees, especially in relation to the powers to detain and to adjudicate.

Prohibited means and methods of armed conflicts

The goal of this article is to analyze prohibited means and methods of armed conflicts under the International Humanitarian Law (IHL). Technological progress, the transformation of the nature of armed conflicts and the idea of the war based on terror are the main reasons why the list of prohibited means and methods of armed conflicts should be constantly updated. The main text of this article consists of three thematic blocks. The first block represents an excursion into the history and development of IHL. It outlines its division into two branches, the Geneva and Hague law. The second part consists of definitions and characteristics of basic terms such as means and methods of armed conflicts. Under the means of warfare it is understood weapons, military equipment and other means used to cause harm and defeat the enemy. Methods of warfare are the procedures for using certain means to suppress the troops of the opposing side and inflict losses on it at the very minimum acceptable level. The third part of the study is devoted to new methods and means of warfare, among which the author analyzes such phenomena as hybrid wars, cyberwar and the involvement of private military and security companies in military operations. Hybrid wars, widespread in the 21st century, raise very complex issues related to the classification of a conflict, as the line between the state of war and peace is blurring. Most often, information about the nature of third-party intervention is kept secret. Moreover, such a third party refuses to acknowledge its participation in hostilities. It is concluded that parties to hybrid wars are required to comply with international standards that limit the methods and means of warfare and protect their victims. The article examines the concepts of cyber war, identifies the main characteristics of this type of war. The main conclusion was made about the need of formation of new restrictive approaches regarding the prohibition of the use of cyber weapons. Another trend related to modern armed conflicts is the process of delegating the performance of traditional state functions by states in favor of private military and security companies. The conclusion is drawn on the need to develop international legal standards for the activities of private military and security companies within the UN.

Insufficient Knowledge in Kunduz: The Precautionary Principle and International Humanitarian Law

Abstract The targeting protocols applied by forces during armed conflict are some of the most secretive documents held by any military. However, their role in applying principles of international humanitarian law (IHL) means that they are key to understanding their development. This piece is primarily concerned with practical and operational application of the precautionary principle under IHL; how much knowledge is sufficient to carry out an attack lawfully during modern armed conflict. In order to establish if a standard has developed with the increase in intelligence, surveillance and reconnaissance technology, this piece uses the framework of an investigation into an incident in Kunduz, Afghanistan in 2009. I explore the difficulties of obtaining information post-incident, the differential standards expected by North Atlantic Treaty Organization (NATO) and the Bundesgerichtshof (German Federal Court of Justice), and the manner in which these can be evaluated through the principles of proportionality, distinction and precautions in attack. The piece looks at the interrelated issues raised by the Rules of Engagement and Tactical Directives, as well as the problems surrounding the clarity of intelligence available. I argue that this case is demonstrative of the failings inherent in the application and practical use of the precautionary principle outlined by IHL. The lack of transparency afforded in, and after, incidents of this nature prevents objective analysis and so the development of IHL can be obfuscated. I conclude that the lack of information following incidents of this kind confuses any intelligence standard that exists under IHL.

International humanitarian law in Colombia: Going a step beyond

AbstractEver since the first quarter of the nineteenth century, Colombia has shifted from one war to the next, be it the War of Independence, the fierce confrontations between liberal and conservative parties or the countless conflicts among guerrillas, paramilitary groups and the State. These wars have brought along a unique contribution to the development of international humanitarian law (IHL). The purpose of this article is to explore the myriad of ways in which Colombia has implemented (and at times made progress on) IHL rules, and to analyze how different conflicts have led the country to explore issues such as the protection of minors, the meaning of the principle of precaution, the compensation of armed conflict victims and the creation of some rather sophisticated transitional justice mechanisms.