Dr. Nabil AbdulKadir DEEB
International Humanitarian Law And The Palestinian People Throughout The World
Importance of international humanitarian law ?
International humanitarian law is an essential part of international law. It refers to times of armed conflict and contains provisions for the protection of both persons who are not or no longer participating in hostilities, as well as limitations of the methods and means of war. The purpose of IHL is to limit the suffering caused by wars, in which it protects the victims, and supporting them wherever possible. It also links to the international reality of armed conflict does not address the reasons or any international legal entitlement to wage a war or armed conflict .
Legal sources
Legal standards for restraint in warfare and alleviation of suffering is as old as war itself Prompted in particular by the creation of the "Red Cross" in 1863 and the adoption of the first Geneva "Red Cross" Convention of 1864 (Convention for the Amelioration of the Condition of the Wounded) resulted since the mid-19th Century, the most important building blocks of the Hague Convention of 1899 and 1907, the four Geneva Conventions adopted in 1949, which now enjoy universal validity, as well as the 1977 and 2005 adopted the Protocols Additional to the Geneva Conventions represent. While the Hague Convention have codified rules, especially for approved and non-permitted warfare (Hague law), in particular the Geneva Conventions contain provisions for the protection of wounded, prisoners of war and civilians in armed conflict (Geneva law). To come in the last two decades, the environmental War Convention (1977), the UN Weapons Convention (1980) are the Chemical Weapons Convention (1993) and the Ottawa Convention banning anti-personnel mines (1997). Another important agreements of international humanitarian law is the Hague Convention for the protection of cultural property in armed conflicts of 1954, and two protocols to the Convention .
Many provisions of that agreement, in particular the rules on the protection of civilian populations against the effects of war, are now independent of the contractual obligation for all States applicable customary international law dar. The humanitarian customary international law is particularly important for non-international armed conflicts, as exist for these far less international-law rules. On 17 March 2005, the International Committee of the "Red Cross" (ICRC) is a comprehensive study on customary international law rules applicable in the field of international humanitarian law presented. The study is the result of several years of research, in particular, have contributed to the many national "Red Cross" and Red Crescent Societies, individual states and international law scholars .
The majority of international humanitarian law continues the situation of an international, to between states as subjects of international law carried out armed conflict. For non-international armed conflicts, ie conflicts between one or more states on one side and a non-state actor on the other side (eg. civil wars), holds international humanitarian law provides a lower number of regulations, but which is also great importance .
International humanitarian law and human rights
International humanitarian law and international human rights protection are mutually complementary. Both seek to protect individuals, but under different circumstances and in different ways. While international humanitarian law aims at the situation of armed conflicts, international human rights protection is to primarily to protect the individual from state interference in peacetime. However, losing a "hard core" of human rights in times of armed conflict not its legal force (so-called "human rights minimum standards"). The international human rights standards relating to protection is not to limit the means and methods of warfare, which form the prime objectives of international humanitarian law .
Basic principles
The fundamental principle of all norms of international humanitarian law is the balance between two opposing interests: on one side of military necessity, on the other hand, the preservation of the principle of humanity in armed conflicts. Consequently, some fundamental principles of international humanitarian law .
Recent Developments
On 1 July 2002 the Statute of the International Criminal Court (ICC) came into force .. The establishment of the International Criminal Court is intended to close loopholes in the existing system including the implementation of international humanitarian law .
This new codification is based to a large extent on the above legal sources of international humanitarian law, in particular the four Geneva Conventions of 1949 and the Additional Protocols I and II from 1977 to such agreements .
Institutions
The most important institution for the preservation and promotion of international humanitarian law is the International Committee of the "Red Cross" (ICRC). It is active in over 80 countries and has approximately 12,000 employees. The ICRC is an organization with partial international personality, which was constituted as an association under Swiss law with its headquarters in Geneva. The work of the ICRC in international armed conflicts is based on the four Geneva Conventions of 1949 and the Additional Protocol I of 1977. This right is explicitly recognized by the ICRC to develop certain activities, such as assistance for the wounded, sick or shipwrecked soldiers, visiting prisoners of war and aid to civilians. Even in civil wars, the ICRC is entitled on the basis of Article 3 of the Geneva Conventions, warring parties to offer his services. Prerequisite for the work of the ICRC's impartiality and neutrality .
Beyond this, the International Humanitarian Fact-Finding Commission, which has been constituted under Article 90 of Additional Protocol I of 1977 to the Geneva Conventions of 1949, a special significance in the recognition and enforcement of international humanitarian law to. The International Humanitarian Fact-Finding Commission is a panel of 15 independent experts that in states that have recognized the competence of the Commission (currently 71 countries), to investigate serious violations of international humanitarian law .
The ICRC and National "Red Cross" and Red Crescent Societies, together form the International Federation of "Red Cross" and Red Crescent Societies, the International "Red Cross" and Red Crescent Movement. Their representatives meet with the representatives of the Parties to the Geneva Conventions at the international "Red Cross" and Red Crescent Conference, held usually every four years. The last International "Red Cross" and Red Crescent Conference was held from 26 held in Geneva to 30.11.2007 .
For more information :
International Committee of the "Red Cross" (ICRC) .
The scientific legal international sources are with me .
Dr. Nabil AbdulKadir DEEB
GERMANY 53137 Bonn
29/3/2012
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