What is international humanitarian

LAW ALL ABOUT?

 

The purpose of international humanitarian law is to limit and prevent human suffering in times of armed conflict. The essence and core of this law is enshrined in the four Geneva Conventions and their two Additional Protocols. Today virtually all the countries in the world are party to the Geneva Conventions.

The four Geneva Conventions of 1949 are applicable to international armed conflicts. They stipulate that civilians and people who are no longer taking an active part in the hostilities, such as wounded or captured combatants, must be spared. They also set out the role the ICRC – the initiator of contemporary humanitarian law – plays in alleviating human suffering. In addition, Article 3 common to all four Conventions authorizes the ICRC to offer its services in the event of non-international armed conflict and accords minimum protection to the victims of such situations.

The protection provided by the Conventions applies to the following categories of persons:

First Convention

wounded and sick members of the armed forces in the field;

Second Convention

wounded, sick, and shipwrecked members of the armed forces at sea;

Third Convention

prisoners of war;

Fourth Convention

civilians in times of war.

The two Additional Protocols of 1977 supplement the Conventions which aim to limit the use of violence and protect the civilian population, by strengthening the rules governing the conduct of hos­tilities.

Although the Geneva Conventions and their Additional Protocols provide a comprehensive framework for inter­national humanitarian law, there are new areas that have to be explored and developed as the nature of warfare changes. The ICRC, being the guard­ian of international humanitarian law, is also responsible for its development. To this end, its legal experts organize and participate in meetings and con­ferences aimed at improving the pro­tection of war victims. Banning the use of certain weapons, such as anti-per­sonnel landmines and blinding weap­ons, is among the issues currently being examined.

Sadly, however good the law is in theory, in practice it is often blatantly disregarded, deliberately flouted, or its very existence is unknown. Making both armed forces and civilians aware of the law is the first and essential step in the right direction.

THE RED CROSS AND THE RED CRESCENT:

EMBLEMS OF HUMANITY

 

The red cross and the red crescent emblems serve a specific purpose: to ensure the protection of those wounded in war and those who care for them. They are used first and foremost for the protective identification of the armed forces’ medical services, but also to identify people and equipment belonging to a component of the International Red Cross and Red Crescent Movement i.e. the ICRC, the National Societies and their Federation. They stand for the Movement’s Fundamental Principles, particularly those of neutrality and impartiality.

In wartime, the red cross or red crescent emblem is the visible sign of protection conferred by the Geneva Conventions on people and objects authorised to display it: army medical services, including National Society staff incorporated in these services, authorized civilian medical facilities and the international organizations of the Red Cross and Red Crescent. This means that ICRC staff and its equipment may be marked with the red cross emblem for protective purposes. To ensure protection, the emblem must be large and clearly visible. Misuse of the emblem is a violation of international humanitarian law: it annihilates the very meaning of the emblem, which must at all times stand for protection and humanitarian assistance.

The emblem is also used to show that a person or object is linked to the International Red Cross and Red Crescent Movement. To avoid confusion with the emblem used as a protective device, the red cross and red crescent used for indicative purposes is smaller in size.

The red cross was the emblem adopted by the International Conference meeting in Geneva in 1863. The follow­ing year it was given official recognition in the first Geneva Convention. Later, the Ottoman Empire decided to use a red crescent instead of the red cross. Sev­eral States followed suit and in 1929 the red crescent in turn was granted official recognition.