The International Humanitarian Law: Basic Conventions And Laws
'War' sees no boundaries and jurisdictions. when a war or a conflict breaks
out between two countries or within a given country a situation of anarchy seems
to prevail as during such times there seems to be no strict compliance with the
already established law and regulations. It is during such times that laws
appears to have no great impact , as is also been said by a great thinker,
Marcus Tullius Cicero, that 'in times of war, laws falls silent'.
Peace and War are like two differing sides of a coin which affects two varying
yet important factors of human existence, such as enjoyment of human rights and
enjoyment of friendly terms between the countries of the world respectively. The
first area of interest deals with the broad subject of 'human rights' and the
second one deals with the great body of international law which is known by the
name of 'International Humanitarian Law' or IHL.
The International Humanitarian Law (IHL) and its Conventions
When we talk of IHL, these set of rights and rules decide the course and the
extent of impact of the forces used, during a conflict between countries, by the
belligerents against various societal elements, for instance, civilian persons,
social structures and monuments of national relevance. It is IHL which actually
comes into operation, in times of conflict between states, with all its
essential provisions contained in landmark international documents which are
ultimately considered foundational for the cessation of hostile treatments given
to each other by the warring states and for the maintenance of friendly
relations between them.
The rules and laws relating to the implementation of the IHL is contained
majorly in Four Geneva Conventions signed in 1949 in Geneva. The First Geneva
Convention is relating to the Protection of the wounded and sick in the Field;
the Second Conventions relates to the Protection of the Wounded, Sick as well as
Ship Wrecked members in the Sea, the Third Convention relates to the Protection
of Prisoners of War and the Fourth Convention pertains to the Protection of
Civilian Populations in Times of War.
Background of IHL and the International Committee of the Red Cross
If we try to study the background of the emergence of the IHL as a set of rights
in existence today, we will find that Sir Henry Dunant, a swiss businessman. He
was not just a businessman but a humanitarian as well. Sir Dunant is revered
today as the founder of the laws of the IHL. He witnessed the War of Solferino
which was being fought between the French and Austrian soldiers back in 1859.
The battle ground was filled with bloodshed and bodies of ailing and helpless
army members who were in desperate need of aid and assistance. Seeing such a
scenario, Sir Dunant decided to contribute towards the alleviation and
protection of those wounded members by forming the International Committee of
the Red Cross (ICRC) in 1863. The ICRC is a humanitarian international
organization which functions, during war times between countries, with the
object of providing adequate aid and medical assistance to all those affected by
the conflict, including civilians.
Till date, the ICRC has served and is still serving in many nations where
similar assistance is needed. It has served in the Democratic Republic of Congo
(DRC); Bosnia; Mali; Sudan; Zambia; Iran; Afghanistan; Japan and many others.
Conclusion
Therefore, the subject of the IHL is a broad one and an important one as well.
The IHL has proved to be an essential legal tool of peace and humanity in states
where they were needed to most owing to the devastating conditions caused by
war. The countries of the world are bound by the visionary principles of
equality, justice, peace and harmony which form the core essence of IHL today.
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