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    Implementing International Humanitarian Law: From Law To Action

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    Prasad
    1) International humanitarian law sets rules to limit the effects of armed conflict by protecting non-combatants and restricting warfare, and implementation measures are needed to ensure these rules are followed in practice. 2) States have an obligation to implement measures such as translating and disseminating the laws, punishing violations, and training military forces and populations in the laws. 3) Effective implementation requires coordination between government bodies, organizations, and legal experts through national committees and adaptation of military tactics, weapons, and sites.

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    Implementing International Humanitarian Law: From Law To Action

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    Prasad
    61 views2 pages
    1) International humanitarian law sets rules to limit the effects of armed conflict by protecting non-combatants and restricting warfare, and implementation measures are needed to ensure these rules are followed in practice. 2) States have an obligation to implement measures such as translating and disseminating the laws, punishing violations, and training military forces and populations in the laws. 3) Effective implementation requires coordination between government bodies, organizations, and legal experts through national committees and adaptation of military tactics, weapons, and sites.

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    1) International humanitarian law sets rules to limit the effects of armed conflict by protecting non-combatants and restricting warfare, and implementation measures are needed to ensure these rules are followed in practice. 2) States have an obligation to implement measures such as translating and disseminating the laws, punishing violations, and training military forces and populations in the laws. 3) Effective implementation requires coordination between government bodies, organizations, and legal experts through national committees and adaptation of military tactics, weapons, and sites.

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    61 views2 pages

    Implementing International Humanitarian Law: From Law To Action

    Uploaded by

    Prasad
    1) International humanitarian law sets rules to limit the effects of armed conflict by protecting non-combatants and restricting warfare, and implementation measures are needed to ensure these rules are followed in practice. 2) States have an obligation to implement measures such as translating and disseminating the laws, punishing violations, and training military forces and populations in the laws. 3) Effective implementation requires coordination between government bodies, organizations, and legal experts through national committees and adaptation of military tactics, weapons, and sites.

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    ADVISORY SERVICE

    ON INTERNATIONAL HUMANITARIAN LAW ____________________________________

    Implementing International Humanitarian Law: from Law to Action


    International humanitarian law also called the law of war sets out detailed rules that seek to limit the effects of armed conflict. In particular, it protects those who are not, or no longer, taking part in the fighting, and sets limits on the means and methods of warfare. Humanitarian law is a universal set of rules. Its main treaties have been accepted by nearly every State in the world. However, becoming party to these agreements is only a first step. Efforts must be made to implement humanitarian law to turn the rules into action.

    What is implementation? The term implementation covers all measures that must be taken to ensure that the rules of international humanitarian law are fully respected. However, it is not sufficient merely to apply these rules once fighting has begun. There are also measures that must be taken in both wartime and peacetime. These measures are necessary to ensure that: both civilians and the military personnel are familiar with the rules of humanitarian law; the structures, administrative arrangements and personnel required for compliance with the law are in place; violations of humanitarian law are prevented, and punished when they do occur. Such measures are essential to ensure that the law is truly respected.

    the armed forces, or other State bodies. There may also be a role for professional and educational bodies, the National Red Cross or Red Crescent Society or other voluntary organizations. Measures have also been taken at an international level to deal with violations of humanitarian law. An International Fact-Finding Commission has been set up and States are encouraged to use its services. Tribunals have been set up to deal with violations committed during the recent conflicts in Rwanda and in the former Yugoslavia. An international criminal court was created by the 1998 Rome Statute. However, it is the States which continue to bear primary responsibility for effectively implementing the law, and which must adopt measures at a national level.

    a range of measures must be taken. The main ones are: 1) to have the Conventions and Protocols translated into the national language(s); to spread knowledge of their provisions as widely as possible both within the armed forces and the general population; to repress all violations listed as such in the above-mentioned instruments and, in particular, to adopt criminal legislation that punishes war crimes; to ensure that persons, property and places protected by the law are properly identified, marked and protected;

    2)

    3)

    4)

    5) to adopt measures to prevent the misuse of the red cross, the red crescent and other symbols and emblems provided for in the Conventions and Protocols; 6) to ensure that protected persons enjoy judicial and other fundamental guarantees during armed conflict; 7) to appoint and train persons qualified in international humanitarian law, in particular legal advisers within the armed forces;

    What needs to be done? Who should implement? All States have a clear obligation to adopt and carry out measures implementing humanitarian law. These measures may need to be taken by one or more government ministries, the legislature, the courts, Under international humanitarian law that is, the 1949 Geneva Conventions, their Additional Protocols of 1977 relating to the protection of victims of armed c o nf l i c t s, t h e 1 9 5 4 Ha g u e Convention on Cultural Property and the latter's Second Protocol of 1999

    International Committee of the Red Cross

    8)

    to provide for the establishment and/or regulation of: National Red Cross and Red Crescent Societies and other voluntary aid societies, civil defence organizations, National Information Bureaux;

    training of personnel, the production of identity cards and other documents, the setting up of special structures, and the introduction of planning and administrative procedures. All these measures are essential to ensuring effective implementation of humanitarian law.

    may also be able to offer assistance with implementation. Through its Advisory Service on International Humanitarian Law, the International Committee of the Red Cross provides advice and documentation to governments on national implementation. It can be contacted through the nearest ICRC delegation, or at the address below.

    9)

    to take account of international humanitarian law when selecting military sites and in developing and adopting weapons and military tactics;

    How can this be done? Careful planning and regular consultation are the key to effective implementation. Many States have established national humanitarian law committees or similar bodies for this purpose. They bring together government ministries, national organizations, professional bodies and others with responsibilities or expertise in the field of implementation. Such bodies have generally proved to be an effective means of promoting national implementation. In some countries, the National Red Cross and Red Crescent Societies Advisory Service on International Humanitarian Law Legal Division International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva Switzerland tel. ++ 41 22 734 60 01 fax: ++ 41 22 733 20 57 E-mail: [email protected] 06/2002

    10) to provide for the establishment of hospital zones, neutralized zones, security zones and demilitarized zones. The treaty provisions that could or do require such measures are set out in the table below. Some of these measures will require the adoption of legislation or regulations. Others will require the development of educational programmes, the recruitment and/or

    Key articles requiring the adoption of IHL national implementation measures


    1949 Geneva Conventions First Translation Dissemination & training Violations General provisions War crimes Compensation Protection Fundamental guarantees Judicial and disciplinary guarantees; rights of prisoners and detainees Medicinal and religious personnel Medicinal transports and facilities Cultural property Dangerous forces Identity cards Capture and internment cards
    Use/misuse of emblems and symbols 144, 53-54 44-45 3 40, 41 19, 36, 39, 42-43 3, 12 3 42 22, 24-27, 38-39, 41, 43 3, 13-17 3, 5, 17, 82-90, 95-108, 129 3, 27-34 3, 5, 31-35, 43, 64-78, 99-100, 117-126 20 18, 21-22 11, 75-77 44-45, 75 15-16, 18 12, 18, 21-23 53 56 18, 66-67, 78-79, Annexes I&II 18, 37-38, 66, 85, Annex I 6 82 26 122-124 112, Annex II 63 63 136-141 81 61-67 18 4-5,7 6 10, 12 12 16 15 3, 6, 10, 12 5 49-54 49-50 50-53 50-51 129-132 129-130 146-149 146-147 85-91 11, 85-90 91 28 15-21 48 47

    1977 Protocols Fourth


    99, 145 99, 144

    1954 Hague Conv.

    1999 Protocol

    Second
    49 48

    Third
    41, 128 41, 127

    I
    84 80, 82-83, 87

    II
    26 19 7, 25 37 30

    27, 40, 41, Annex II

    42, Annex

    17, Annex IV 70, Annex IV

    20 106, Annex III

    12

    6, 10, 12, 17 7, 25

    Experts and advisers Qualified persons Legal advisers Organizations National Societies Civil defence Information bureaux Mixed medical commissions Military planning Weapons/tactics Military sites Protected zones and localities

    23, Annex I

    14, 15

    36 57-58 59-60, Annex I

    International Committee of the Red Cross

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