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Default International Humanitarian Law

International Humanitarian Law

The rules of “Law of War”, dealt with in the previous chapter, which govern the resort to force in international relations (ius ad bellum), are intended to prohibit, or at least to restrict, the resort to war (armed force) in international relations. However, because it is not possible to fully prevent war (the use of armed force), attempts have been made to regulate the conducts of war in order to mitigate its extent. The attempts have succeeded in establishing rules to govern the actual conducts of war (ius in bello). These rules, to some legal scholars, are part of the Law of War, thus they are referred to as rules related to “Law of War”. However, to others they form a separate law known as “International Humanitarian Law”.
Because the prevailing view considers “International Humanitarian Law” to be a separate law, it is reasonable to deal with this law in a separate chapter. Thus, the present chapter is endeavored to the study of “International Humanitarian Law” (called also “Law of Armed Conflicts”).
As it has been apparent that prevention of war has not been possible, it has been apparent that the rules formulated in “International Humanitarian Law” would not be effective without attaching responsibilities in cases of their violations, and without having a mechanism to prosecute violators. Thus, “International Criminal Law” has come into existence, as a derivative of “International Humanitarian Law”.
“International Humanitarian Law” is the subject of this chapter, while “International Criminal Law” is the subject of the next chapter.
“International Humanitarian Law” (called also “Law of Armed Conflicts”) is that branch of International Law which regulates the conduct of armed conflicts (war). It is inspired by a feeling for humanity and is centered on the protection of human being in time of war (armed conflicts). It seeks to mitigate the effects of armed conflicts by limiting the choice of means and methods of conducting military operations and providing protections to persons and civilian objects during armed conflicts.
International Humanitarian Law compiles those rules of International Law which aim to protect persons, victims of the evils of armed conflicts, as well as, by extension, objects not directly serving military purposes. In this sense, it is apparent that there is a relation between International Humanitarian Law and the Law of Human Rights because both laws aim to guarantee to persons the enjoyment of rights and freedom and to protect them from evils. However, there is an essential difference between these two laws since International Humanitarian Law applies only in time of armed conflicts, while Law of Humanitarian rights applies in all time.
How does “International Humanitarian Law” emerge and develop? What are its sources, scope and content? How is it executed? These are the questions, which are answered in the following.

Section 1: The Codification and Development of International Humanitarian Law
To protect man against the evils of war and cruel treatments is not a new idea. It goes back to the dawn of history.[8] In a distant past, some military leaders used to order their troops to spare the lives of enemy prisoners (soldiers and civilians) and to treat them well. Often upon the termination of war, the belligerent parties used to agree to exchange the prisoners in their hands. Throughout the history, such practices and likewise gradually evolved into a body of customary rules regulating the conduct of war.
Because the scope and content of the customary rules related to the conduct of war were somewhat vague and uncertain, a movement was initiated during the Nineteenth Century to embody such rules in binding international instruments. In 1864, mainly as a result of the pioneering effort of the Swiss businessman Henry Dunant, a diplomatic conference convened in Geneva by invitation of the Swiss Government for the purpose of codifying certain rules which would guarantee a better treatment of the wounded and facilitate the work of the medical personnel in the field of land-war. On August 22, 1864, the conference adopted the “Convention for the Amelioration of the Condition of the Wounded in Armies in the Field”.
The most important principles introduced by the 1864 Geneva Convention were: The neutrality of ambulances and military hospitals, as such, they are protected and respected by the belligerents as long as they accommodate wounded and sick; hospitals, ambulances and evacuation parties would be distinguished by a uniform flag or armlet bearing “a red cross on a white ground”; the exemption of hospital and ambulance personnel from being captured or being the target of fire; wounded and sick combatants should be collected and cared for; and civilians coming to the assistance of the wounded should be respected. This Convention was accepted by all the then independent States.
The 1864 Geneva Convention was the first modest step in the process of codifying rules of International Humanitarian Law. This step was followed by many other steps, before the “International Humanitarian Law” reached its present scope and content.
In 1868, the “Declaration of St Petersburg” came to prohibit the use of explosive or flammable bullets. This Declaration, in fact, added strength to the principle of the Law of War concerning the obligation of the belligerents to limit the use of force in meeting a legitimate military objective.
At the Hague Peace Conferences of 1899 and 1907, a series of conventions were adopted, codifying the law of war. The Conventions were intended to set legal limits to means and methods of land and naval warfare; such legal limits still form the basis of the existing rules. The Conventions emphasized that belligerents remained subject to the “Law of Nations.” They contained rules concerning the treatment of prisoners of war; the conduct of military operations, particularly in regard of means of injuring the enemy, sieges and bombardments, and occupied territory; and the rights and duties of neutral States. Moreover, One of these Conventions, namely the “1907 Hague Convention for the Adaptation to Maritime Warfare of the Principles of Geneva Convention” (the Tenth 1907 Hague Convention) expanded the protection of the 1906 Geneva Convention to the victims of war at sea.
The 1864 Geneva Convention was revised twice, before and after the First World War, in order to adapt its provisions to new realities. The first revision took place in 1906. The major achievement of the “1906 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field” was the development of the provisions for application of the principles formulated in the 1864 Convention, taking into account the changes in the world, particularly the growing development of the means of destruction, in order to make such principles more effective. The second revision was made in 1929, taking into account the experiences of the First World War, particularly those related to the treatment of the wounded, the sick, and the prisoners of war. Two Conventions were concluded in 1929: the “1929 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field”; and the “1929 Geneva Convention Relative to the Treatment of Prisoners of War”. The two Conventions made important improvements to the old provisions of the Law of Geneva. They formulated a clear and complete set of rules and principles on capture and captivity of prisoners of war, and on the treatment of the wounded and the sick. They introduced the ban on reprisals against the prisoners of war, and the principle that application of the rules of the Convention would be
open to international scrutiny. Notably, in this 1929 Diplomatic Conference, the “red crescent” was recognized as the symbol of Muslim countries in place of the “red cross”.
The atrocities of the Second World War provided the incentive for major revision and further development of the law of Geneva. In 1949 a diplomatic conference was convened in Geneva at the instigation of the International Committee of the Red Cross (ICRC) and by invitation of the Swiss Government for such purposes. The 1949 Geneva Conference led to the conclusion of four Conventions; three Conventions substituting the three Conventions in force, namely the Tenth 1907 Hague Convention and the two 1929 Geneva Conventions; and the Convention on the protection of civilian persons in time of war, which was the innovation of this Conference. The four 1949 Geneva Conventions deal respectively with the amelioration of the condition of the wounded and sick members of the armed forces in the field, the amelioration of the condition of the wounded, sick and shipwrecked members of the armed forces at sea, the treatment of prisoners of war, and the protection of civilian persons in time of war.
In 1977, two Additional Protocols to the 1949 Conventions were adopted at the closing of the 1974-1977 “Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts” which was held in Geneva at the invitation of the Swiss Government. Protocol I deals with the protection of victims of international armed conflicts. It develops in detail the rules of Geneva Conventions and The Hague Conventions concerning the methods and means of warfare. Protocol II deals with the protection of victims of internal armed victims. It develops and supplements the rules of the 1949 Geneva Conventions concerning the non-international armed conflicts.
In addition to the 1949 Geneva Conventions and the 1977 Additional Protocols, several conventions related to the protection of persons and objects in time of war, and related to the prohibition of certain weapons, were adopted in the years after 1949. Among these conventions are: The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict; the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their destruction; the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to Excessively Injurious or to Have Indiscriminate Effects; and the Chemical Weapons Treaty of 1993.

Section 2: Sources, Scope and Content of International Humanitarian Law

A. The Sources and Composition of International Humanitarian Law
All the conventions mentioned above could constitute the sources of the International Humanitarian law. The codification of the rules of International Humanitarian Law shows that this law consists of two branches: the Law of Geneva and the Law of The Hague. While the Law of Geneva has a precisely defined subject area, which is the protection of persons against abuse of force, the Law of The Hague covers all the other problems of the law of war.

(1) The Law of The Hague
The Law of The Hague consists of the several Conventions adopted at the Hague Peace Conferences of 1899 and 1907. The Hague Conventions regulates various aspects of the laws of war and neutrality. Almost all these conventions are still in force, although many of their provision have been overtaken by the modern conditions of warfare. The conventions regulates matters such as the opening of hostilities, the laws and customs of war on land, the rights and duties of neutral powers and persons in case of war on land, the status of enemy merchant ships at the outbreak of hostilities, the conversions of merchant ships into warships, the laying of automatic submarine contact mines, bombardment by naval force in time of war, capture in naval war, and rights and duties of neutral powers in naval war.

(2) The Law of Geneva
The Law of Geneva consists of four conventions of 1949 and two additional protocols of 1977.[28] The conventions are:
- The First Geneva Convention of 1949: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
- The Second Geneva Convention of 1949: Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.
- The Third Geneva Convention of 1949: Geneva Convention relative to the Treatment of Prisoners of War.
- The Fourth Geneva Convention of 1949: Geneva Convention relative to the Protection of Civilian Persons in Time of War.
The additional protocols to the Geneva conventions are:
- Protocol I: Protocol Additional to the Geneva Conventions of 12 August 1949, and Related to the Protection of Victims of International Armed Conflicts.
- Protocol II: Protocol Additional to the Geneva Conventions of 12 August 1949, and Related to the Protection of Victims of Non-International Armed Conflicts.

B. The General Scope of International Humanitarian Law
All The Hague Conventions and the 1906 Geneva Convention include the general participation clause (clause si omnes) which states that the provisions of the Conventions shall be binding on the contracting parties only in case of hostilities between two or more of them and that those provisions shall cease to be binding if one of the belligerent powers is not a signatory to the Convention. Such a clause was generally accepted before the First World War.
However, the four 1949 Geneva Conventions specifically rejected such a clause. They state that the conventions shall be respected in all circumstances, and shall apply to all cases of declared war or any other armed conflict which may arise between two or more of the contracting parties, and that even if one of the powers in conflict is not a party to the Conventions, the powers who are parties to the Conventions shall remain bound by them in their mutual relations, and they shall furthermore be bound by the Conventions in relation to the said power, if the latter accepts and applies the provisions thereof. Furthermore, they provide that neutral powers shall apply by analogy the provisions of the Conventions to the concerned persons received or interned in their territory.
The Geneva Conventions expands their application to cases not involving armed conflict and cases of non-international armed conflict. They state that they apply to all cases of partial and total occupation of the territory of the contracting party even if the said occupation meets with no armed resistance. They also apply to cases of armed conflict not of an international character occurring in the territory of one of the contracting parties; in such cases, each party to the conflict shall be bound to apply, as a minimum the specified provisions of the Conventions which guarantee to the victims of this type of armed conflict at least the minimum protection. This position of the Geneva Conventions regarding the non-international armed conflict occurring in the territory of a contracting party constitutes derogation from the traditional principle of International Law concerning the application of a convention only between the contracting parties (sovereign States); such a position is reaffirmed in the 1977 Protocol II.
Protocol II provides that it apply to armed conflicts not covered by Protocol I, and to armed conflicts taken place in the territory of a contracting party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol. In this sense, Protocol II does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of similar nature, as not being armed conflicts.
The 1977 Protocol I extends the application of the 1949 Geneva Conventions to include wars of national liberation. It provides that it apply to cases of armed conflicts in which peoples are fighting against colonial domination, alien domination and racist regimes in the exercise of their right of self determination in accordance with the Charter of the United Nations and the 1970 “Declaration on Principles of International Law….”
It is thus apparent from the above developments that the scope of International Humanitarian Law was gradually enlarged. Today this Law applies to all circumstances: in cases of armed conflicts involving contracting parties as well as non-contracting parties; in cases involving States as well as certain entities other than States; in cases of international armed conflicts and wars of national liberation as well as non-international armed conflicts (internal armed conflicts). This trend can be interpreted as modifying certain traditional concepts of International Law, particularly those related to the subjects of the Law.
Notably, International Humanitarian Law recognizes two different categories of armed conflicts, international armed conflicts and non-internal armed conflicts. International armed conflicts (known as Wars) are those involve two or more States; wars of national liberation are considered international armed conflicts. Non-international (internal) armed conflicts (usually known as civil wars) are those warlike hostilities which occur in the territory of a single State.

C. The Persons Protected under International Humanitarian Law
The main aim of International Humanitarian Law is to protect persons, victims of the evils of armed conflicts. To this end, this Law formulates a set of protections to be provided to certain categories of persons who are called “protected persons”. Protected persons are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a party to the conflict or occupation power of which they are not nationals. The protected persons to whom the protections of International Humanitarian Law apply are the following:

1. The Wounded and the Sick
Wounded and sick are persons, whether military or civilian, who because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility.[39] They also include maternity cases, newborn babies and other persons who may be in need of immediate medical assistance or care, such as expectant mothers, and who refrain from any act of hostility.

2. Shipwrecked
Shipwrecked are persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility.

3. Medical Personal
Medical personal are those persons, whether military or civilian, assigned, whether permanently or temporary, by a party to the conflict, exclusively to the medical purposes or to the administration of medical units or the operation or administration of medical transports. Medical purposes include the search for, the collection, transport and treatment of the wounded and sick.

Medical personnel also include: the medical personnel of national Red Cross (Red Crescent) societies and other national voluntary aid societies duly organized and authorized by a party to a conflict; the medical personnel of a neutral or of other State which is not a party to that conflict, or of a recognized and authorized aid society of such a State; and the medical personnel of an impartial international humanitarian organization.
“Medical units” means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatments of the wounded, sick and shipwrecked or for the prevention of disease. This term includes hospitals and the likes, and various medical centers.
“Medical transports” means any means of transportation, such as vehicles, ships and aircrafts, whether military or civilian, permanent or temporary, assigned exclusively to medical transportation and under the control of a competent authority of a party to the conflict.

4. Religious Personnel
Religious personnel are military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached to the armed forces, medical units, medical transports, or civil defense organization of a party to the conflict. They also include: those assigned by a neutral or
other State which are not a party to that conflict, or by a recognized and authorized aid society of such a State; and those assigned by an impartial international humanitarian organization.

5. Prisoners of War
Prisoners of war are combatants who have fallen into the hands of the enemy, the adverse party to the conflict. Combatants are members of the armed forces of a party to a conflict other than medical and religious personnel. The armed forces of a party to a conflict consist of all organized armed forces, groups and units (militias or volunteer corps forming part of such armed forces) which are under a command responsible to that party for the conduct of its subordinates. Combatants also include members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a party to the conflicts and operating in or outside their own territory, provided that such groups fulfill the conditions specified in the Third Geneva Convention, which are: 1) They are commanded by a person responsible for his subordinates; 2) They have a fixed distinctive sign recognizable at a distance; 3) They carry arms openly; and 4) They conduct their operations in accordance with the laws and customs of war.

6. Civilians and Civilian Population
Civilians mean persons who are not members of the armed forces of a party to the conflict, and not members of other militias and members of other volunteer corps, referred to them as combatants.[53] The civilian population comprises all persons who are civilians.
Among civilians, women and children (under fifteen years of age) are granted special status in International Humanitarian Law, and consequently special protections.

7. Other Protected Persons
There are certain categories of persons who have not appeared in situations of armed conflicts until quite recently. Although they are included within the meaning of civilians, they need special attention because they are exposed, in case of armed conflict, to extreme danger. These persons are the personnel of civilian defense organizations, and the journalists; Protocol I includes them within the protection of the International Humanitarian Law.

D. Objects Protected under International Humanitarian Law
The aim of International Humanitarian Law is not limited to the protection of persons only, but it is, by extension, aim to protect objects not directly serving military purposes. The objects to which, the protections of this Law apply are the following:
1) Objects Serving Medical Purposes
All objects serving medical purposes, whether civilian or military, are protected under International Humanitarian Law. These objects include: fixed or mobile medical establishments such as hospitals, the likes, centers and units; and medical transports such as vehicles, trains, ships and aircraft.
2. Civilian Objects
Civilian objects are those which are not used for any military purposes or objectives. In addition, they are objects not used for medical purposes; otherwise, they will be included within the meaning of medical objects. Civilian objects include:
- Objects which are indispensable to the survival of the civilian population, such as foodstuffs, crops, livestock, and drinking water installations and supplies.
- Civilian houses, schools and places of work.
- Undefended localities.
- Objects which constitute the cultural or spiritual heritage of peoples, such as historic monuments, works of arts, and places of worship.
- Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations.
- Natural environment.
- Neutral and demilitarized zones.

E. The Fundamental Protections of International Humanitarian Law
The aim of International Humanitarian Law is to protect the human being and safeguard his dignity in time of armed conflicts. To this end, a multitude of rules regulating the conduct of States in armed conflicts, and which constitute the protections and guarantees to persons in time of armed conflicts, are formulated in this Law. These rules are of two types: injunctions, requiring the parties to the dispute thereto to act, and prohibitions, requiring the parties to abstain from acting.
The rules formulated in International Humanitarian Law do not come from a vacuum; they are inspired by other principles and rules expressly stated in other instruments of International Law or clearly implied from thereof, or are derived from the customary international law. The principles of the Law of Human Rights, such as the principle of inviolability, the principle of non-discrimination and the principle of security, inspire many rules and principles formulated in International Humanitarian Law. The principles of Human Law corollary to the Law of War, such as the principle of military necessity and the principles of limitation are also behind the rules and principles of International Humanitarian Law. The principle of neutrality provides the inspiration to the rules of International Humanitarian Law, particularly those related to the immunity and protection of the medical personnel and facilities.
The most important fundamental rules and principles formulated in International Humanitarian Law, which constitute protections and guarantees to persons under this Law, are the following:

1. Persons taking no active part in hostilities, including members of armed forces who have laid down their arms and those placed hors de combat (out of combat) by sickness, wound, detention, or any other cause, shall in all circumstances be protected and treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, wealth, or any other similar criteria. Their lives, and their physical and moral integrity shall be respected. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assaults.

2. The wounded, sick and shipwrecked shall be collected, cared for, and protected by the party to the conflict who has them in its power.

3. Medical personnel, establishments, transports and materials are protected. The emblems of the Red Cross and the Red Crescent are the signs of such protection and must be respected.

4. It is forbidden to kill or injure an enemy who surrenders or who is out of combat. Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights and convictions. They shall at all times be humanely treated. They shall be protected against all acts of violence and reprisals. They shall have the rights to correspond with their families and receive relief.

5. Every person shall be entitled to benefit from the fundamental judicial guarantees. No one shall be responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.

6. Individual or mass forcible transfer, as well as deportations of persons from occupied territory to other territory are prohibited regardless of their motive.

7. Civilians and civilian population shall enjoy general protection against dangers from military operations. They shall not be the object of attack. Acts or threats of violence to spread terror among the civilian population are prohibited. Indiscriminate attacks are prohibited. Reprisals are prohibited.

8. Civilian objects shall not be the object of attack or reprisals.

9. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. They are prohibited from employing weapons or methods of warfare of the nature to cause unnecessary losses or excessive suffering.

10. Parties to a conflict shall at all times distinguish between combatants and civilian population in order to spare the civilian population. Attacks shall be directed solely against military objectives.

Section 3: Execution of International Humanitarian Law
The rules of International Humanitarian Law, like any of other laws, are meaningless if they are not executed. Since these rules constitute obligations imposed upon sovereign States, States have to execute its obligations. In executing its obligations, the State will be fulfilling its obligations under international Law, and consequently serving its own interests. Any breach of its obligations under International Law, the State will subject itself to sanctions. Sanctions will be applied against the State and individuals. The subject of individual criminal responsibility under International Law will not be dealt with in the present chapter, but in the next chapter.
International Humanitarian Law requires each State to execute its obligations under it in all circumstances, in time of peace and in the event of armed conflict. In addition, it attributes to the protecting powers (States) and substitute organizations such as the Red Cross societies, the authority to aid and assist in the execution of its rules.

A. Execution by States
In all the Conventions and Protocols of International Humanitarian Law, States undertake to respect and ensure respect for them in all circumstances.States shall, therefore, take without delay all the necessary measures for the execution of their obligations under them. They also shall give orders and instruction to ensure observance of them, and shall supervise their execution.
States undertake, in time of peace as in time of war, to disseminate the Texts of the conventions as widely as possible in their respective countries. They undertake to include the study thereof in their military programmes and civil instructions, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.
States undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the Conventions defined thereof. Each State is under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trail to another State concerned, provided such State has made out a prima facie case.
Each State is under the obligation to take measures necessary for the suppression of all acts contrary to the provisions of the Conventions other than the grave breaches defined thereof.

B. Protecting Powers
During an armed conflict, the execution of the provisions of the Conventions and the Additional Protocols should be ensured, to a certain extent, with the aid of the protecting powers entrusted to safeguard the interests of the parties to the conflict. The first obligation of a party to the conflict after the outbreak of armed conflict is to appoint a protecting power. “Protecting power” means a neutral or other State not a party to the conflict which has been designed by a party to the dispute and accepted by the adverse party and has agreed to carry out the humanitarian functions assigned to a protecting power under the Conventions and the Additional Protocols which aim to ensure protection and assistance to the victims of armed conflicts. In performing their functions, the protecting powers also help in the implementation of International Humanitarian Law.

C. Red Cross Societies
The protecting powers may be substituted by the International Committee of the Red Cross (ICRC) or other impartial humanitarian organizations which offer all guarantees of impartiality and efficacy. In addition to the humanitarian functions which the ICRC can perform in place of the protecting powers, it is granted a sort of right of initiative in humanitarian activities. Among the numerous functions which the ICRC can perform are the rights to visit all places where prisoners of war or civilian internees are kept, and to interview these protected persons without witnesses, personally or through an interpreter. Humanitarian functions can also be carried out by National Red Cross or Red Crescent Societies, and by other duly recognized and authorized charitable associations.


References:
[1] See generally H.P. Gasser, International Humanitarian Law: A Introduction, Henry Dunant Institute, Haupt (1993); J. Pictet, Development and Principles of International Humanitarian Law, Henry Dunant Institute, Geneva (1985); D. Schindler and J. Toman, The Laws of Armed Conflicts, Geneva (1981); and Shaw, chapter 21.
[2] Gasser, p. 3.
[3] Pictet, p. 1.
[4] Gasser, p. 3.
[5] See S.E. Nahlik, A Brief Outline of International Humanitarian Law, p. 7, (Extract from the International Review of the Red Cross, July-August 1984) [Separate print].
[6] Pictet, p. 3.
[7] Id.
[8] See generally, Pictet, pp. 5-58; and F. Kalshoven, Constraints on the Waging of War, chapter II, 2nd ed., ICRC, Geneva (1991).
[9] See generally Kalshoven, pp. 7-15; Pictet, pp. 25-31; and Shaw, pp. 1054-6.
[10] Text in IRC Handbook (1971) pp. 7-8.
[11] See Pictet, pp. 29-30.
[12] See generally Gasser, pp. 8-15; Kalshoven, chapter II; Nahlik, pp. 9-15; Pictet, chapter II; and Shaw, chapter 21.
[13] See Gasser, p. 10; and Shaw, p. 1065.
[14] See generally Gasser, pp. 10-12; and Kalshoven, pp. 11-16.
[15] Text in IRC Handbook (1953) p. 42.
[16] See Pictet, pp. 31-2.
[17] Text in IRC Handbook (1953) p. 18.
[18] Text in id. p. 59.
[19] Text in id. p. 71.
[20] See Gasser, p. 12.
[21] See Nahlik, p. 12; and Shaw, p. 1055.
[22] Text of these four Conventions in The Geneva Conventions of August 12, 1949, ICRC.
[23] See Gasser, pp. 13-4.
[24] Text in Protocols Additional to the Geneva Conventions of 12 August 1949, p. 3, ICRC, Geneva (1977).
[25] Text in Protocols Additional to the Geneva Conventions of 12 August 1949, p. 89, ICRC, rev. ed., Geneva (1996).
[26] See Gasser, pp. 14-15; and Kalshoven, pp. 17 & 23.
[27] Texts of relevant conventions in International Law Concerning the Conduct of Hostilities: Collection of Hague Conventions and Some Other International Instruments, rev. and updated ed., ICRC Geneva (1996).
[28] See supra, notes 22, 24 & 25.
[29] Nahlik, p.16.
[30] Id.
[31] Arts 1 & 2 common to the four 1949 Geneva Conventions.
[32] Art 4 of the 1st Convention; and art. 5 of the 2nd Convention
[33] Art. 2 common to the four 1949 Geneva Conventions.
[34] Art. 3 common to the four 1949 Geneva Conventions.
[35] Protocol II art. 1(1).
[36] Id. art. 1(2).
[37] Protocol I art. 1(4).
[38] 4th Convention art. 4.
[39] Protocol I art. 8(a); and 1st Convention arts. 12 & 13.
[40] Protocol I art. 8(a).
[41] Protocol I art. 8(b); and 2nd Convention arts. 12 & 123.
[42] Protocol I arts. 8(c) & 12.
[43] Id. art. 8(e); and 1st Convention art. 24.
[44] Protocol I arts. 8(c) & 9(2); and 1st Convention art. 26 & 27.
[45] Protocol I arts. 8(e ) & 9(2); 1st Convention arts. 19 & 20; and 2nd Convention arts. 38-40.
[46] Protocol I arts. 8(f ) & 21-23; 1st Convention arts. 35-37; and 2nd Convention art. 38-40.
[47] Protocol I art. 8(d).
[48] Id. art. 9(2).
[49] Id. art. 44(1).
[50] Id. art. 43(2).
[51] Protocol I art. 43(1); 1st Convention art. 13; 2nd Convention art. 13; and 3rd Convention art. 4.
[52] 1st Convention art. 13(2); 2nd Convention art. 13(2); and 3rd Convention art. 4(2).
[53] See Protocol I art. 50(1).
[54] Id. art. 50(2).
[55] See id. arts. 76-78.
[56] See id
[57] Protocol I art. 52.
[58] Id. art. 54.
[59] Protocol I art. 52(3).
[60] Id. art. 59.
[61] Id. art. 53.
[62] Id. art. 56.
[63] Id. art. 55.
[64] Id. art. 60.
[65] Art. 1 common to the four Geneva Convention; and Protocol I art. 1(1).
[66] Protocol I art. 80(1).
[67] Protocol I art. 80(2); 1st Convention art. 45; and 2nd Convention art. 46.
[68] 1st Convention art. 47; 2nd Convention art. 48; 3rd Convention art. 127; 4th Convention art. 144; Protocol I art. 83; and Protocol II art. 19.
[69] Id.
[70] 1st Convention art. 49; 2nd convention art. 50; 3rd Convention art. 129; and 4th Convention art. 146.
[71] Id.
[72] Id.
[73] Id.
[74] Protocol I art. 5.
[75] Id. art. 2(c).
[76] Id. arts. 2(d), 5(3) & (4).
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