International Humanitarian Law [1]
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).[2] It is inspired by a feeling for humanity and
is centered on the protection of human being in time of war (armed conflicts).[3] 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.[4]
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.[5] 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.[6] 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.[7]
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.[9] In 1864, mainly as a result of the pioneering
effort of the Swiss businessman Henry Dunant, a diplomatic conference convened
in Geneva
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.[11] 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.[12]
In 1868, the “Declaration of St
Petersburg” came to prohibit the use of explosive or flammable bullets.[13] 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.[14] 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.[15]
The 1864 Geneva Convention was revised
twice, before and after the First World War, in order to adapt its provisions
to new realities.[16] 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”[17]
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”;[18]
and the “1929 Geneva Convention Relative to the Treatment of Prisoners of War”.[19]
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 Geneva
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
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.[26] 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.[27]
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
-
Protocol I: Protocol Additional
to the Geneva
-
Protocol II: Protocol Additional
to the Geneva
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.[29] Such a clause was generally accepted before
the First World War.[30]
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.[31] 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.[32]
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.[33]
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.[34] 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.[35] 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.[36]
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….”[37]
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.[38] 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.[40]
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.[41]
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.[42] Medical purposes include the search for, the
collection, transport and treatment of the wounded and sick.[43]
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.[44]
“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.[45] 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.[46]
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.[47] 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.[48]
5. Prisoners of War
Prisoners of war are combatants who have
fallen into the hands of the enemy, the adverse party to the conflict.[49] Combatants are members of the armed forces of
a party to a conflict other than medical and religious personnel.[50] 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.[51] 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.[52]
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.[54]
Among civilians, women and children (under
fifteen years of age) are granted special status in International Humanitarian
Law, and consequently special protections.[55]
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.[56]
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.[57] 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.[58]
-
Civilian houses, schools and places of work.[59]
-
Undefended localities.[60]
-
Objects which constitute the cultural or spiritual heritage of peoples,
such as historic monuments, works of arts, and places of worship.[61]
-
Works or installations containing dangerous forces, namely dams, dykes
and nuclear electrical generating stations.[62]
-
Natural environment.[63]
-
Neutral and demilitarized zones.[64]
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
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.[65] States shall, therefore, take without delay
all the necessary measures for the execution of their obligations under them.[66] They also shall give orders and instruction
to ensure observance of them, and shall supervise their execution.[67]
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.[68]
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.[69]
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.[70] 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.[71] 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.[72]
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.[73]
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.[74] “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.[75] 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.[76] 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.
[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
[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.
[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).
[40] Protocol
I art. 8(a).
[42]
Protocol I arts. 8(c) & 12.
[45]
Protocol I arts. 8(e ) & 9(2); 1st Convention arts. 19 & 20;
and 2nd Convention arts. 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.
[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).
[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).
