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In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 15, Heft 166, S. 26-28
ISSN: 1607-5889
On the eve of the Diplomatic Conference, which is to hold its second session in Geneva at the beginning of February, we think it worth while to recall the titles of some books and documents published by the ICRC about the Geneva Conventions, their dissemination and the development of international humanitarian law.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 30, Heft S1, S. 91-92
ISSN: 1607-5889
Resolution V of the 25th International Conference of the Red Cross (Geneva, 1986) asked the ICRC to gather and assess information on legislation and other measures, either already taken or being considered, to implement international humanitarian law.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 27, Heft 256, S. 104-105
ISSN: 1607-5889
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 31, Heft 285, S. 579-595
ISSN: 1607-5889
The purpose of this study is to analyse the normative character of custom in international humanitarian law (IHL), on the basis of the theory and jurisprudence of public international law, in order to arrive at a better understanding of the conduct of States in conflict situations. In so doing, an attempt will be made to determine the possibilities for developing custom in IHL, especially in view of the increasing concern shown by international public opinion for the plight of victims of armed conflicts. The paper will begin with a review of the questions raised by custom as an independent source of humanitarian law (point 1) and go on to take a closer look at the constituent elements of custom in humanitarian law (point 2). It will end with a comparative study of the two approaches to custom in IHL, concentrating on the consequences that the development of custom may have in the future (point 3).
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 34, Heft 303, S. 526-531
ISSN: 1607-5889
To mark his seventieth birthday, Jean Pictet, Honorary Vice-President of the ICRC, gave a lecture at the University of Geneva on 16 November 1984 entitled "The formation of international humanitarian law".A remarkable summary of the development of humanitarian law in the twentieth century, it concludes with remarks which go well beyond the original subject. They express his thoughts about the difficult relationships between humanitarian imperatives and military and political necessities and between idealism and pragmatism; reference is also made to everyone's responsibility to disseminate and apply a law which stems not only from humanity but also from common sense.
In: Nijhoff eBook titles 2006
Brings together a distinguished group of contributors whose essays chart the history, practice, and future of international humanitarian law. This work helps to inform where humanitarian law had its origins, how it has been shaped by world events, and why it can be employed to serve the future
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 31, Heft 282, S. 294-306
ISSN: 1607-5889
In 1974, the University of Leiden (Netherlands) established a Chair of International Humanitarian Law, whose first incumbent was Professor Frits Kalshoven, a familiar name to readers of theReview.Mr. George Aldrich, who led the United States delegation at the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts from 1974 to 1977, and who since 1981 has been a Judge at the Iran-United States Claims Tribunal in The Hague, was recently appointed as his successor.During an official ceremony held at the University of Leiden on 13 November 1990, the new holder of the "Red Cross Chair", as it is sometimes called, made a pressing appeal in his inaugural lecture for compliance with international humanitarian law. In his talk Professor Aldrich described with a large measure of realism the obstacles to implementation of the law but showed cautious optimism in reviewing the means available to the international community to surmount those obstacles.TheReviewis pleased to publish, with the author's agreement, the text of his lecture which brings to a close, on a note of appeal and hope, this series of articles devoted to implementation of international humanitarian law.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 87, Heft 858, S. 285-294
ISSN: 1607-5889
AbstractThis article examines the relationship between Hinduism and war and the extent to which the fundamental concepts of humanitarian law are recognized in Hinduism. After reviewing the sources of Hinduism, it considers the permissibility and types of war in ancient India, explores the rules of warfare and investigates whether war was a matter of course or regarded as a ruler's last choice. It then sets out the humanitarian principles that already applied at that time. Finally, it considers how far the concepts of Hinduism have helped in the development of international humanitarian law.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 25, Heft 244, S. 3-24
ISSN: 1607-5889
The title of my talk may appear more than a little ambitious or the subject too extensive. What I intend to do, in fact, is to give here, in no particular order, some of the thoughts and experiences of one engaged in humanitarian law who had the great good fortune to be associated with this fascinating work from the beginning of his career.
In: Human rights law journal: HRLJ, Band 29, Heft 6-12
ISSN: 0174-4704
For some, the aftermath of the events of September 11, 2001, seemed to prove that the existing rules of international humanitarian law were outdated and that they needed immediate reformation and reinterpretation. These rules rested on the paradigm of a World War II-kind of interstate conflict with heavy weapons being used on both sides, whereas today asymmetric and more sporadic forms of conflict are pitted against non-State actors. Five years after the terror attacks, the world looks back on an international debate on the status and treatment of terrorist suspects which has at least led to the conclusion that the Geneva Conventions of 1949 are not as outdated and that their basic principles and rules are still valid and legitimate. The US Supreme Court has recently confirmed that the common Article 3 of the Geneva Conventions give terrorist suspect detainees a right to have a proper trial. Adapted from the source document.
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 20, Heft 217, S. 184-192
ISSN: 1607-5889
The Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts met in Geneva from 1974 to 1977. During its fourth session, in 1977, the Conference finally adopted two Protocols additional to the Geneva Conventions of 12 August 1949 for the protection of victims of war—Protocol I relating to international armed conflicts and Protocol II relating to non-international conflicts.
In: Creighton International and Comparative Law Journal Vol. 9 Issue 1, pp. 29-53.
SSRN
In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 104, Heft 920-921, S. 2013-2026
ISSN: 1607-5889
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.