The Changing Nature of Contemporary Warfare and International Humanitarian Law

THE CHANGING NATURE OF CONTEMPORARY WARFARE AND
INTERNATIONAL HUMANITARIAN LAW
BY
KOJO(2021)
Since the beginning of time, man has resolved conflict including those associated with the
authoritative allocation of resources and conquests, by the resort to war. Armed conflict
which has often resulted in destruction of lives, property and untold suffering birthed the idea
of International Humanitarian Law to regulate conduct on the battlefield. The evolution
overtime of warfare however has also presented challenges that call into question some of the
protections provided by International Humanitarian Law (IHL).
IHL, which takes its source from various treaties, custom, and general principles of law, is a
set of rules that seek to limit the humanitarian consequences of armed conflicts. Its primary
purpose is to restrict the means and methods of warfare and to ensure the protection and
humane treatment of persons who are not taking a direct part in the hostilities. While IHL
recognizes that in order to overcome an adversary in wartime, it may be necessary to cause
death, injury and destruction, it also makes clear that this military necessity does not give
belligerents the right to wage unrestricted war (ICRC Report 2016). Accordingly
considerations of humanity impose certain limits on the means and methods of warfare which
require that those who have fallen into enemy hands need to be treated humanely.
Principles underpinning International Humanitarian Law that highlight its importance in
armed conflict, include: Distinction – a cornerstone of IHL, requiring that parties to an armed
conflict distinguish between the civilian population and combatants, and between civilian
objects and military objectives, so that they direct their activities and operations only against
military objectives; Precaution – avoiding inflicting incidental harm as a result of operations
1
and taking all measures to protect civilians from the effects of attacks; Proportionality –
refraining from launching an attack which may cause incidental harm to civilian life, injury,
damage to objects which would be excessive in relation to anticipated military advantage;
Unnecessary suffering – prohibiting or restricting means and methods of warfare that are
considered to inflict unnecessary suffering or injury to combatants; Humane treatment –
regardless of status, previous functions or activities, treat all who have been detained
humanely. These principles cover international armed conflicts between sovereign states, as
well as non international armed conflicts between states and armed groups, or between armed
groups inside a sovereign state.
Questions of applicability and interpretation of IHL have arisen as the nature of warfare has
changed since the end of the Cold War. Armed conflicts have become increasingly
asymmetric, pitting overwhelmingly powerful states against poorly organized and equipped
armed groups. Weak forces intermingle with the civilian population to avoid identification
and crushing defeat. Encounters have increasingly occurred in densely populated areas and
the weaker forces have employed weapons and tactics prohibited by IHL.
Since the terror attack on the United States in September, 2001, military operations against
suspected terrorist groups and individuals have raised questions as to the nature and
consequences of these operations under IHL.
In recent wars in Iraq, Afghanistan, several private contractors have been deployed
performing functions some of which are linked directly with active combat operations and
while they may not fall outside the purview of the protection of IHL, their presence on
battlefields provides an interpretation dilemma.
Furthermore, the advent of new weapons of war – remote controlled weaponry, cyber warfare
and increasingly autonomous weapons pose significant challenge to IHL.
2
Changes in the security environment with its accompanying legal and practical difficulties
have caused confusion and uncertainty to the point that it might well be true that protections
provided by IHL are a myth. Yet the very important processes launched by concerned
stakeholders led by the ICRC to reaffirm and clarify IHL in areas of particular humanitarian
concern will strengthen legal protection for victims of armed conflict.
References:
Nils Melzer (2016) International Humanitarian Law – a comprehensive introduction.
International Committee of the Red Cross (ICRC)

The Changing Nature of Contemporary Warfare and International Humanitarian Law

Uploaded by

Copyright:

Available Formats

The Changing Nature of Contemporary Warfare and International Humanitarian Law

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Changing Nature of Contemporary Warfare and International Humanitarian Law

Uploaded by

Copyright:

Available Formats

THE CHANGING NATURE OF CONTEMPORARY WARFARE AND

INTERNATIONAL HUMANITARIAN LAW

of International Humanitarian Law to regulate conduct on the battlefield. The evolution

protections provided by International Humanitarian Law (IHL).

recognizes that in order to overcome an adversary in wartime, it may be necessary to cause

Principles underpinning International Humanitarian Law that highlight its importance in

military objectives; Precaution – avoiding inflicting incidental harm as a result of operations

damage to objects which would be excessive in relation to anticipated military advantage;

considered to inflict unnecessary suffering or injury to combatants; Humane treatment –

groups inside a sovereign state.

consequences of these operations under IHL.

battlefields provides an interpretation dilemma.

and increasingly autonomous weapons pose significant challenge to IHL.

concern will strengthen legal protection for victims of armed conflict.

Nils Melzer (2016) International Humanitarian Law – a comprehensive introduction.

International Committee of the Red Cross (ICRC)

You might also like