Archive for July 24th, 2010
July 24th, 2010 | 
Author: international humanitarian law What international humanitarian law? Fact Sheet provides a brief description of sources, content and scope of international humanitarian law.
The IHL is a set of rules looking for humanitarian reasons, to limit the impact of armed conflict. It protects persons not or no longer participate in hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or armed conflict law.
humanitarian part of international law is the set of rules governing relations between states. International law is contained in agreements between States – treaties or conventions – in the traditional rules of state practice, they are considered legally binding, and general principles.
The international humanitarian law applicable in armed conflict. It does not address whether a state may use force, which is governed by a separate but important part of international law embodied in the UN Charter.
Where are the international humanitarian law? IHL is rooted in the rules of ancient civilizations and religions – warfare has always been to certain principles and practices. Universal codification of international humanitarian law began in the nineteenth century. Since then, states have a number of practical arrangements agreed at the bitter experience of modern warfare. These rules strike a balance between humanitarian concerns and military requirements of States. As the international community has increased, an increasing number of countries have contributed to the development of this plan. International humanitarian law forms today a universal body of law. Convergence history of international humanitarian law and the laws of war> “/ p / p> 20 for most of the century, international humanitarian law or the law of Geneva” received the “Hague law”, or the laws of war itself. The Law of The Hague, specifies the rights and obligations of belligerents in the conduct of operations and limited the choice of means to inflict damage. “In particular it is concerned with the definition of combatants, contains provisions on means and methods of warfare, and examines the question of military objectives. At the same time, the right Geneva, which focuses primarily on victims of war, directly inspired by the principles of humanity. It refers to those who do not participate in war and military personnel out of combat. It provides the legal basis for protection and humanitarian assistance by impartial humanitarian organizations such as the International Committee of the Red Cross carried out. This merger can be found in the Geneva Conventions. With the adoption of the Additional Protocols Geneva Conventions of 1977, began the two tribes of the convergence of law. Earlier references could be found (on humanity in the Hague law, the protection of some prisoners of war and civilians in the occupied territories) articles that were later incorporated in the Geneva law in 1929 and 1949). However, the protocols adopted in 1977 on the protection of victims in international and internal conflicts, not only aspects of both Law of The Hague and Geneva law, but also important aspects of human rights. Where is the international humanitarian law? < ; / p> A large part of international humanitarian law in the four Geneva user> / strong> contain Conventions of 1949 . Almost every country in the world has agreed to be bound by them. The conventions have been developed and supplemented by two others agreements: the Additional Protocols of 1977 protection of victims of armed
When to apply international humanitarian law? International humanitarian law applies only to armed conflicts, it does not apply to internal tensions or disturbances such as isolated acts of violence. The law only applies once a conflict has begun, and uniformly on all sides, regardless of who started the fighting. International humanitarian law distinguishes between international and non-international armed conflicts. International
persons hors de combat and those who do not participate in hostilities are protected and treated humanely.
It is forbidden to kill or wound an adversary who surrenders or who is hors de combat.
The wounded and sick must be cared for and protected by the Party to the conflict, he by its power. The emblem of the Red Cross or Red Crescent must be taken as a protective sign. combatants
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captured and civilians must be protected against violence and reprisals. You have the right to meet with their families and obtain redress.
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No one shall be subjected to torture, corporal punishment or cruel or degrading treatment.
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conflict parties and members of their armed forces have an unlimited choice of methods and means of warfare.
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parties to a conflict must at all times distinguish between civilians and combatants. The attacks against military objectives to be addressed.
What “protection”? International Humanitarian Law protects those who do not participate in combat as civilian and military medical personnel and religious. It also protects those who participate in no more about it, like the wounded, sick and shipwrecked combatants and prisoners of war. These categories of persons are entitled to respect for their life and physical integrity and mental health. They also enjoy legal rights. It must be protected and treated humanely in all circumstances, without adverse distinction. More precisely: It is forbidden to kill or wound an enemy who surrenders or not to fight in the situation, the sick and wounded must be collected and retained by the group in whose hands they are. The medical staff, utilities, hospitals, and ambulances must all be protected. There are also Detailed rules on the conditions of detention of prisoners of war and how to treat civilians, if they remain under the authority of a hostile power. This includes providing food, shelter and medical care and the right exchange news with their families. The law contains a number of clearly identifiable symbols that can be used to identify protected people, places and objects. The main features are the Red Cross, Red Crescent and cultural symbols that property and civil defense facilities. prohibits> What are the restrictions on weapons and tactics? law humanitarian all means and methods of warfare: / p distinguish> Ø between those in combat and those who “like> civilians, who are not lacking, which is committed in order to protect the population civilian, civilians and civilian objects; cause injury or unnecessary suffering Ø, ; / p> Ø serious or long-term environmental . Humanitarian law has therefore the use of many weapons, including exploding bullets, chemical weapons and biological weapons banned blinding laser weapons and landmines. IHL are applied in practice? Unfortunately, there are countless examples of violations of international humanitarian law. Increasingly, the victims of war on civilians. It There are cases, however, has made significant international humanitarian law in which a difference in protecting civilians, prisoners, the sick and wounded, and the restriction of the use of barbaric weapons. As this right ‘s applies in cases of extreme violence, the implementation of the law is always a matter of great difficulty. In other words, the pursuit of effective compliance is more urgent than ever. What it can be done to enforce the law? Measures must be taken to ensure, should respect international humanitarian law. States have a duty to their rules of teach their armed forces and the general public. They must prevent violations or punish them if they still occur. In particular, they must adopt laws to punish the most serious breaches of the Geneva Conventions and their Additional Protocols, which are considered war crimes. The Member States also need laws to protect the Red Cross and Red Crescent emblems. In addition, steps have been taken at international level, the courts have been established to punish during the two recent conflicts (the former Yugoslavia and Rwanda). An International Criminal Court is responsible for oppression, including war crimes, followed by the Rome Statute of 1998 created. Whether individually or by the governments and various organizations, we are all an important contribution to the respect of international humanitarian law.
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