The Role of Humanitarian Law în Military Operations

Agenda

The need of a legal basis of conducting warfare

International Humanitarian Law and the challenges of contemporary armed conflicts

Counter-terrorist Operations and the Rule of Law

Codes of conduct issued by armed groups

The need of a legal basis of conducting warfare

International humanitarian law has a brief but eventful history. It was not until the second half of the nineteenth century that nations agreed on international rules to avoid needless suffering in wars-rules they bound themselves to observe in a Convention.

Since then, the changing character of armed conflict and the destructive potential of modern weapons have made necessary many revisions and extensions of humanitarian law in long and patient negotiations.

First of all, a definition is needed. What is international humanitarian law? This body of law can be defined as the principles and rules which limit the use of violence in times of armed conflict.

The aims are: To protect persons who are not, or are no longer, directly engaged in hostilities-the wounded, shipwrecked, prisoners of war and civilians;

To limit the effects of violence in fighting to the attainment of the objectives of the conflict.

The four Geneva Conventions remain in force today. However, over the past four decades, new forms of armed conflict, often sharp and violent but localized and involving limited numbers of troops and other combatants, have arisen. The changing nature of armed struggle called for further action.

Two additional protocols: Protocol I deals with the protection of victims of international conflicts. Protocol II concerns the victims of internal armed conflicts