But the rules of the law grant an exception for hospitals as well as for other civilian structures. When a hospital is used for certain military operations, it can become a legitimate target. The UN Security Council, a group of 15 countries at the United Nations responsible for maintaining international peace and security, can also impose sanctions — such as a travel ban or arms embargo — to induce warring parties to abide by the rules of war. This article stipulates that certain minimum rules of war apply to armed conflicts “in which at least one party is not a State”. [37] The interpretation of the concept of armed conflict and thus the applicability of this article are contested. [23] For example, it would apply to conflicts between the government and rebel forces, or between two rebel forces, or to other conflicts that have all the characteristics of war, whether or not they take place within a country`s borders. [38] There are two criteria for distinguishing non-international armed conflicts from minor forms of violence. The level of violence must be of a certain intensity, for example if the state cannot contain the situation with regular police forces. In addition, participating non-state groups must have some level of organization, such as a military command structure. [39] After such incidents, there are many references to the “rules of war.” While conventions contain many rules, here are six crucial principles that are relevant to ongoing conflicts. Since the rules themselves often use legal terms, we have paraphrased the language.
To read the original language, click here: Common Article 3 functions as a mini-convention within the Geneva Convention itself, establishing basic rules from which no derogation is allowed by containing the essential rules of the Geneva Convention in condensed form and making them applicable to non-international conflicts. The signatory countries agreed on new restrictions on the treatment of “protected persons” under the original conventions, and clarifications were made to the terms used in the conventions. Finally, new rules were created for the treatment of the dead, cultural artifacts and dangerous targets (such as dams and nuclear facilities). In addition, the ICRC helps inform the public about the rules of war through videos and social media posts. The 2-minute film, titled “Why We Can`t Save His Life,” won a Grand Prix at the Cannes Lions Film Festival in France this month. The film reminds us that hospitals are not a target. As provided for in the conventions, the International Committee of the Red Cross (ICRC) plays a special role as guardian of these laws. The ICRC monitors the evolution of the war and makes recommendations for an appropriate update of the rules. It also participates in UN discussions on crises and possible violations to ensure that rules are respected. MSF said this month that “the conduct of hostilities in Syria could violate the basic rules of war.” The president of UNICEF in Canada said: “Around the world, the rules of war are under attack – and millions of children too.” 20.
In October 1868, the first unsuccessful attempt was made to extend the 1864 treaty. The “Additional Articles on the Status of the War-Wounded” attempted to clarify some of the rules of the 1864 Convention and extend them to naval warfare. The articles have been signed but ratified only by the Netherlands and the United States of America. [7] The Netherlands subsequently withdrew its ratification. [8] The protection of victims of naval warfare was then achieved by the Third Hague Convention of 1899 and the Tenth Hague Convention of 1907. [9] Enforcement can be difficult. For example, the five permanent members of the Security Council – the United States, China, Russia, Britain and France – must vote unanimously for a resolution that could call for an investigation, refer a case to court, threaten sanctions or make another request. But often, one or more of these countries have a vested interest in the conflict in question. Although our modern rules of war date back to ancient civilizations and religions, it was Henri Dunant, the founder of the Red Cross, who began the process of codifying these customs into international humanitarian law. In 1864, he participated in the founding of the first Geneva Convention, an international treaty that obliged armies to treat the sick and wounded on the battlefield. It has been adopted by 12 European countries.
Over the next 85 years, diplomats debated and passed additional amendments and treaties to regulate the treatment of combatants at sea and prisoners of war, not just combatants on the battlefield. In 1949, after the horrors of World War II, diplomats met again in Geneva to adopt four treaties that reaffirmed and updated previous treaties and expanded rules to protect civilians. They are now collectively known as the Geneva Conventions of 1949 and contain the main rules of war. Since then, the rules of war have been ratified by 196 states. They protect people who do not fight in conflicts and contain the brutality of war by setting limits on the weapons and tactics that can be used. In 2014, for example, rules helped ensure safe passage for South Sudanese civilians to flee violence. Internees must have sanitary facilities day and night in accordance with the rules of hygiene and kept clean at all times. They must have sufficient soap and water for their daily personal grooming and for washing their personal laundry; They shall be provided with the necessary facilities and facilities. Representatives of humanitarian organizations say these rules are increasingly flouted in conflict zones around the world. “It has become striking that respect for international humanitarian law is declining,” said Scott Paul, head of humanitarian policy at Oxfam America, a global humanitarian organization. The Geneva Conventions are rules that apply only in times of armed conflict and are intended to protect persons who are not or no longer taking part in hostilities; These include the sick and wounded of the armed forces in the field, the wounded, the sick and shipwrecked of the armed forces at sea, prisoners of war and civilians.