Implementation Of International Humanitarian Law Research Articles

Thesis report : The implementation of international humanitarian law in the Democratic Republic of the Congo

Soumission à Epi-revel Les règles du DIH sont constamment violées en République démocratique du Congo ; et ce, malgré l'engagement de ce pays en cette matière. Cette réalité a amené à analyser les facteurs de l'ineffectivité de la mise en oeuvre de ce droit. Parmi ceux-ci, les principaux semblent être les insuffisances institutionnelles favorisant l'impunité en matière de crimes internationaux et l'inopérabilité de certains mécanismes de mise en oeuvre prévus par les traités humanitaires. Afin de pallier ces défaillances, la thèse fait des propositions concrètes pour une mise en oeuvre effective et efficiente du droit international humanitaire en République démocratique du Congo. International audience Despit the commitement of the Democratic of the Congo to international humanitarian law-a commitement favored by its membership in the monist system-and its institutional participation in the implementation bodies provided for in humanitarian treaties, the rules of IHL are constantly violated in the Democratic Republic of the Congo. This reality has led to an analysis of the factors behind the ineffectiveness of the implementation. Among these, the main ones seem to be institutional shortiomings that encourage impunity for international crimes and the inoperability of certain implementation mechanisms provided for in humanitarian treaties. In order to overcome these shortcomings, the thesis makes concrete proposals for the effective and efficient implementation of international humanitarian law in the Democratic Republic of the Congo, including the creation of Special Panels withen the Congolese judicial system to try international crimes.

Role of the International Humanitarian Law Committee of Malaysia in Implementation of International Humanitarian Law

The objective of this article is to study the need for a national International Humanitarian Law (IHL) committee to domesticate the Geneva Conventions of 1949 in Malaysia. This study focuses on the core functions of the national IHL committee as recommended by the International Committee of the Red Cross (ICRC). The methodology to be used is by analysing the Geneva Conventions of 12 August 1949, observing the activities of Jawatankuasa Undang-Undang Kemanusiaan Antarabangsa Malaysia (JUKAM), attending IHL symposiums and conducting interviews. The findings confirm that there is a need to have an active national IHL committee. It is unnecessary to be highly ambitious by creating a complex structured national IHL committee with a high annual budget. It is sufficient for the structure of the national IHL committee to develop gradually or to consider other alternatives. Based on the evidence provided by national IHL committees in other countries, success in domesticating IHL in Malaysia is achievable with an active JUKAM and a strong political will by all stakeholders, including the decision-makers.

A Study on the Ethical Dilemmas of War Crimes seen through the Ukraine War - Focusing on the Issue of Implementation of International Humanitarian Law -

A Study on the Ethical Dilemmas of War Crimes seen through the Ukraine War - Focusing on the Issue of Implementation of International Humanitarian Law -

Security of Food, Civilians and Combatants Under Human Rights Laws in Times of War

Objective: The International humanitarian law addresses the tension between safeguarding people and preserving the rights of soldiers within the intricate context of armed conflicts. The proposal sets up an in-depth examination of the complex processes that support the public and armed forces within this crucial legal framework in times of conflict. The core proposal, traces the evolution of armed conflicts and international humanitarian law from their earliest days to their present-day manifestations. The Conventions of Geneva and their supplementary protocols form the basis that allows the safety of civilians and ensure the foods in war zones. The significance of differentiating between those fighting and those living in a war zone, a core premise of international humanitarian law, is clarified. The proposed concept of proportionality is investigated, bringing down the complex math that goes into balancing military requirements with the desire to prevent civilian injury. The theoretical framework offers instances taken from earlier times and current moments that illustrate the quiet interplay of these ideas. The implementation of international humanitarian law poses major challenges in an atmosphere marked by non-governmental organizations, unconventional strategies, and technological advances. The work analyzes these contemporary challenges and highlights the fuzzy boundary that divides combatants and people in this time of increased uncertainty. Migration, lack of food, mortality, and lifelong communal traumas often rush to the head when citizen safety is violated.
 
 Method: The security of Civilians based on Human Rights (SC-HR) of war emphasizes the core principles of humanitarian law even amid conflict, emphasizing the crucial function for international organizations and humanitarian actors in alleviating humanitarian pain.
 
 Result: The proposal provides an expression of the fundamental rights of combatants by explaining the safety measures and food provided to these individuals by international humanitarian law.
 
 Conclusion: This inquiry exposes the complex balancing act of contemporary combat as it tries to reconcile these liberties with the demands of the armed forces. The proposed method focuses on the processes employed for upholding international humanitarian law.

Contribution of the International committee of the Red Cross in development and implementation of international humanitarian law

The paper examines the contribution of the International Committee of the Red Cross to the development and implementation of international humanitarian law. It was established that today the Organization plays an important role not only in providing assistance to persons who are in armed conflicts and conflict situations, but also in the development and implementation of the norms of humanitarian law that exist today. It was emphasized that it was the ICRC that conducted intensive preparatory work for the Geneva Conventions and Protocols and prepared the projects that became the basis for the two diplomatic conferences. It was determined that the activities of the ICRC related to the application and observance of international humanitarian law are divided into two areas: activities in peacetime and during armed conflicts. Peacetime activities include: promoting the ratification of international humanitarian law treaties and encouraging states to prepare and adopt national legislation and other necessary measures to implement these treaties at the national level, to include humanitarian law in military and police training curricula, and encouraging states to include humanitarian principles and humanitarian law in educational programs for both schoolchildren and students. The activity of the ICRC during an armed conflict is reduced to ensuring the protection of citizens who are in the hands of the enemy, and in general to control the application of the Conventions. After analyzing the ICRC's role in the development and implementation of international humanitarian law, the main levels at which it works are determined: operational work, legal work, work on knowledge dissemination and monitoring. It has been established that the implementation of the provisions of the Geneva Conventions and Additional Protocols rests with both the ICRC and national governments, which should use the ICRC as a network to support the implementation and promotion of respect for and compliance with international humanitarian law.

Implementation of International Humanitarian Law: a Critical Analysis of the Work of the Independent International Commission of Inquiry on the Syrian Arab Republic

Implementation of International Humanitarian Law: a Critical Analysis of the Work of the Independent International Commission of Inquiry on the Syrian Arab Republic

ICRC and International Red Cross and Red Crescent Movement: Some recent documents on international humanitarian law and persons with disabilities

•International Committee of the Red Cross, “How Law Protects Persons with Disabilities in Armed Conflict”, 13 December 2017, available at: www.icrc.org/en/document/how-law-protects-persons-disabilities-armed-conflict (all internet references were accessed in November 2022).•International Committee of the Red Cross, “Chapter 3: Needs of the Civilian Population in Increasingly Long Conflicts: Selected Issues”, in International Humanitarian Law and the Challenges of Contemporary Armed Conflicts: Recommitting to Protection in Armed Conflict on the 70th Anniversary of the Geneva Conventions, 2019, available at: www.icrc.org/sites/default/files/document/file_list/challenges-report_the-needs-of-civilians-in-increasingly-long-conflicts.pdf.•33rd International Conference of the Red Cross and Red Crescent, “Addressing Mental and Psychosocial Needs of People Affected by Armed Conflicts, Natural Disasters and Other Emergencies”, Resolution 33IC/19/R2, Geneva, Switzerland, 9–12 December 2019, available at: https://pscentre.org/wp-content/uploads/2020/10/solution.pdf.•Council of Delegates of the International Red Cross and Red Crescent Movement, “International Red Cross and Red Crescent Movement Policy on Addressing Mental Health and Psychosocial Needs”, Resolution CD/19/R5, Geneva, Switzerland, 8 December 2019, available at: https://pscentre.org/wp-content/uploads/2020/10/CD19-R5-Adopted-MHPSS-need-policy-draft-resolution-FINAL-EN_clean.pdf.•33rd International Conference of the Red Cross and Red Crescent, “Bringing IHL Home: A Road Map for Better National Implementation of International Humanitarian Law”, Resolution 33IC/19/R1, Geneva, Switzerland, 9–12 December 2019, available at: https://rcrcconference.org/app/uploads/2019/12/33IC-R1-Bringing-IHL-home_CLEAN_ADOPTED_FINAL-171219.pdf.

The well-trodden path of national international humanitarian law committees

AbstractThe road towards effective implementation of international humanitarian law (IHL) is a continuous process where important milestones will be reached at each step. As part of such a process, national committees and similar entities on IHL have played a key driving role. As with most long-haul road trips, one tends to start with an idea of the roads that will be taken and what the end destination will look like. In this case, the common destination is better respect for IHL. While the destination never changes, the different roads to be travelled can multiply, creating new opportunities through events that arise, and actors encountered along the way. Likewise, when the first national IHL committees were formed in the 1970s to advise and assist their States on the domestic implementation of IHL, they undoubtedly followed different roadmaps from those followed today. As IHL has evolved to keep pace with new realities of warfare, so too has the work of national IHL committees. New treaties have been adopted, new interpretations have been agreed upon, requiring new domestic laws and measures. This article will begin by pinpointing where exactly the journey started for national IHL committees, highlighting that the creation of these bodies coincided with important developments across the international landscape which would come to reinforce domestic implementation of IHL. In the second section, the authors will provide a detailed mapping of the roads generally travelled by these entities, with the intention to showcase the multi-faceted nature of their work and the innumerable milestones achieved along the way. The final section will explore the material, political and structural road bumps which are slowing down the work of some national IHL committees and will provide recommendations on how these entities may overcome these hurdles.

Implementation of international humanitarian law: The work of Latin American international humanitarian law committees

AbstractRespect for international humanitarian law (IHL) in the battlefield is contingent on the measures undertaken in peacetime. Indeed, satisfactory compliance with IHL rests in the implementation of multiple measures at the domestic level crossing different spheres, including legislative, administrative and educational. In most latitudes, governments and other stakeholders coordinate these measures in what is known as National Committees for the Implementation of International Humanitarian Law. The article addresses the practice of these bodies in Latin America and provides alternatives to enhance their work.

Executive Summary: Avoiding civilian harm from military cyber operations during armed conflicts

In January 2020, the International Committee of the Red Cross (ICRC) invited experts from various parts of the world to share their knowledge on practical issues for the implementation of international humanitarian law (IHL) in military cyber operations. Participants included experts with experience in the development and use of military cyber operations, experience working for global IT companies and cyber threat intelligence firms, as well as lawyers and academics. Experts analysed the conduct of military cyber operations, focusing on how armed forces can understand and assess the risk of civilian harm and what measures might be effective and appropriate to avoid or mitigate such risks.The rich discussions provided an insightful picture of the ways in which armed forces consider the application of IHL when conducting cyber operations and the risks that such operations can entail for the civilian population. What emerged from the discussions is that States need to invest time and resources to develop tools, processes to assess the risks of incidental civilian harm and measures to limit these risks.

Various Mechanisms for Implementing International Humanitarian Law

Although international humanitarian law has been constantly developed in the direction of strengthening the protection of victims of armed conflict after the two World Wars, one of the most important and difficult issues facing the international community to this day is to effectively secure the implementation of such developed international humanitarian law. To this end, the International Committee of the Red Cross has tried to enhance the effectiveness of the mechanism for securing the implementation of international humanitarian law until recently. Nevertheless, it remains one of the key challenges facing the international community. At the time of the outbreak of the Korean War, the four Geneva Conventions in 1949 had yet to take effect, so the major international humanitarian norms that South Korea and other belligerent parties had to comply with were only the Hague Regulation of 1907. In particular, the 3rd Geneva Convention of 1949, i.e. the Geneva Convention on the Treatment of Prisoners, was applied as a de facto guideline to the extent that the UN commander ordered to comply scrupulously , and later Korea ratified the four Geneva Conventions of 1949 as well as two additional protocols. In South Korea s security situation, which is still in a armistice and has to prepare for armed conflict, “the importance of exploring ways of enhancing and ensuring the effectiveness of mechanisms of compliance with international humanitarian law, with a view to strengthening legal protection for all victims of armed conflict” needs to be further emphasized. In order to secure the effectiveness of the mechanism for implementing international humanitarian law, multilateral efforts by a number of actors are required. However, for this, above all, the will of individual States, which are the original subjects of international law, is important. Until recently, discussions on how to improve the implementation of international humanitarian law have continued through intergovernmental procedures, but revising existing international humanitarian law more thoroughly or introducing a new implementation mechanism does not ensure its effectiveness. Rather, efforts by States to thoroughly comply with the existing mechanism of implementation of international humanitarian law, whether individually or collectively, should be preceded through more organized and diverse cooperation. This paper comprehensively summarizes the mechanisms for securing the implementation of the current international humanitarian law and examines the implementation of Korea in each mechanism. Such discussions will provide the theoretical basis necessary to make the most of and develop the existing international humanitarian law compliance mechanism.

The role of the international criminal court in the implementation of the international humanitarian law: An applied study

This study seeks to clarify the importance of the International Criminal Court as a criminal mechanism in the application of international humanitarian law, and its effectiveness in limiting violations of this law by punishing the perpetrators of these violations as a permanent court, as well as its role in laying the foundations for international criminal justice. It has become necessary to clarify the importance of the Court and its effective role in the application of international humanitarian law, due to the presence of massive and brutal violations of human rights during armed conflicts as well as under the belligerent occupation. Previous legal studies dealt with the issue of the implementation of international humanitarian law, but it is accepted that they focused on the historical aspect of the emergence of international humanitarian law, and they focused on the theoretical aspect of the issue of mechanisms for implementing international humanitarian law more than the practical aspect and therefore did not adequately address the criminal mechanism represented in The establishment of the International Criminal Court and this is the basis on which our study is based. The previous studies lacked the application that enriches any study in this field. This is what we emphasized in our study and given the importance of the topic of the role of the International Criminal Court in the implementation of international humanitarian law and also considering the recentness of some mechanisms for the implementation of international humanitarian law, the studies that dealt with this topic remain insufficient, and many aspects of the study on this topic are still an area for research and study One of these aspects that have not been adequately researched and specifically the criminal mechanism for the implementation of international humanitarian law represented in the International Criminal Court, and this study comes to enrich the practical aspect of the implementation of international humanitarian law.

Bringing IHL Home: Guidelines on the National Implementation of International Humanitarian Law

In December 2019, the 33rd International Conference of the Red Cross and Red Crescent (International Conference) adopted Resolution 1 (33IC/19/R1), entitled “Bringing IHL Home: A Road Map for Better National Implementation of International Humanitarian Law” (Bringing IHL Home Resolution).

INSTITUTE OF LEGAL ADVISERS IN THE ARMED FORCES AS A COMPONENT OF THE MECHANISM OF IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

The article examines the features of the formation and development of the institution of legal advisers in the armed forces, its place in the mechanism of implementation of international humanitarian law, the status, tasks and functions of legal advisers in the context of international obligations, in the comparative legal aspect and in the legislation of Ukraine. It is indicated that the military’s awareness of international humanitarian law, with the complication of its normative part after the Second World War and especially with the preparation of theAdditional Protocols to the Geneva Conventions, has actualized the problem of qualified interpretation and clarification of the provisions of international humanitarian law precisely on its application by the military during an armed conflict.Analyzing Art. 82 of Additional Protocol I to the Geneva Conventions 1949 of June 8, 1977, entitled “Legal Advisers in the Armed Forces”, right, the author defines that legal advisers have a dual function: they advise commanders on the correct application of the Conventions and Additional Protocol I, and advise these commanders on the training of armed forces personnel under their command.The author argues that it is legal advisers in the armed forces (military lawyers, legal advisers) who perform two main functionsin the implementation of international humanitarian law in the armed forces (disseminating knowledge about international humanitarian law and explaining the provisions of international humanitarian law to commanders directly in the process of its application in the conduct of hostilities).The author definesthat the institution oflegal advisersin the armed forcesis an independent subsystem in the mechanism for the implementation of international humanitarian law at the domestic level, which is important for the effective application of international humanitarian law by the armed forces of the state, this is also associated with the speed of recognition of the relevant provision of the treaty international humanitarian law.

Behind the legal curtain: Social, cultural and religious practices and their impact on missing persons and the dead in Colombia

AbstractThis paper examines social, cultural and religious factors that affect the implementation of international humanitarian law concerning dead and missing persons in non-international armed conflicts. To this end, the behaviour of both armed groups and civil society is studied. The argument made in the paper is that in some cases endogenous and exogenous systems of value (social, religious and cultural understandings), operating within the logic of armed non-State actors and within local communities, should be considered by policies concerning the search for missing persons. The Colombian armed conflict is used as case study; the social, cultural and religious practices of the National Liberation Army and the Revolutionary Armed Forces of Colombia – People's Army are analyzed as examples. Likewise, social and cultural values within affected populations can impact on post-conflict mechanisms agreed upon by the parties concerning the search for missing persons, and vice versa. Consequently, customs and traditions such as the “adoption” of unidentified buried people by local communities (social resignification of the dead) and the practices of indigenous communities are reviewed in order to establish a holistic framework.

Protecting the Right of Women during Armed Conflict: What reality for the Implementation of International Humanitarian Law, Human Right Law and International Criminal Law

Protecting the Right of Women during Armed Conflict: What reality for the Implementation of International Humanitarian Law, Human Right Law and International Criminal Law

Вплив практики Європейського суду з прав людини на реалізацію норм міжнародного гуманітарного права

Вплив практики Європейського суду з прав людини на реалізацію норм міжнародного гуманітарного права

What's new in law and case law around the world? Protection of children in armed conflict

The ICRC's Advisory Service on International Humanitarian Law aims to provide a systematic and proactive response to efforts to enhance the national implementation of international humanitarian law. Working worldwide, through a network of legal advisers, to supplement and support governments’ own resources, its four priorities are: (i) to encourage and support adherence to IHL-related treaties; (ii) to assist States by providing them with specialized legal advice and the technical expertise required to incorporate IHL into their domestic legal frameworks; (iii) to collect and facilitate the exchange of information on national implementation measures and case law; and (iv) to support the work of committees on IHL and other entities established to facilitate the IHL implementation process.

What's new in law and case law around the world?

The biannual update on national legislation and case law is a tool to promote the exchange of information on national measures for the implementation of international humanitarian law (IHL).

What's new in law and case law around the world?

The biannual update on national legislation and case law is an important tool for promoting the exchange of information on national measures for the implementation of international humanitarian law (IHL).