Dedication

 

 

Dedicated to my family Newtons and Martins and above all to the most benevolent Almighty God, Raboha Jesus Christ, the only source of wisdom, from whom alone all good things come.

 

 

El sela

 

Chapter 1 Introduction

 

 

“They shall beat their swords into plowshares and their spears into pruning hooks , nations shall not  lift up sword against nation , neither shall they war any more……” avers the Bible.

This is the concept close to International Humanitarian Law. War is certainly an ugly splotch on the face of humanity and involves most brutal and arbitrary violence.

The world has been a witness to number of wars and battles, confrontations and conflicts. Such power struggles lead to innumerable problems such as legal, political, socio-economic and humanitarian. Hence a need was felt that governments, organizations and individuals in the field intervene to strategize a path for comity of nations.

Individual initiatives of philanthropists like Henry Dunant who witnessed the pain and agony of 40,000 (forty thousand) soldiers after the battle of Solferino (1859) led to  a normative frame work as well as an institutional response culminating in the establishment of the International Committee of Red Cross in 1863 and the adoption of Geneva Conventions in 1940 and additional protocols of 1977.

At the outset its worthwhile to understand that Humanitarian Law is the part of Public International Law.

International Humanitarian Law is burgeoning as a important system of justice and has gained

momentum in the recent past with its activists across the globe.

Having thus set the perspective, let us move on to understand the meaning, origin and development of International Humanitarian Law.

 

Chapter 2 Meaning & Purpose of Humanitarian Law

 

 

The term ‘Humanitarian Law’ is of recent origin. The Geneva Convention of 1949 did not use the term ‘Humanitarian Law’ but only used the words ‘humanitarian activities and ‘humanitarian organizations.’[1]

 

1. International Humanitarian Law is also called as the ‘Law of Armed Conflict’ and previously known as ‘Law of War ’as a special branch of law, governing situations of armed conflicts.
2. However author H.O Agarwal is of the opinion that Humanitarian Law is different from the Law of War ; since according to him, the former does not cover all those matters which according to a traditional view belongs to the Law of War. He contends that the rule of war based on humanitarian considerations or motivations are called Humanitarian Law.
3. Some other authors in the field have opined that ‘Humanitarian Law’ deals with those matters which have an impact of armed conflict on the life, personal integrity and liberty of human beings.
4. International Review of Red Cross at page 90 refers to Humanitarian Law as “  an emergency law applicable in armed conflicts and has aims which are more limited yet more clearly defined than that of human rights law; its provisions are mandatory…”
5. ICRC definition: IHL is a set of international rules, established by treaty or custom which are specifically intended to solve humanitarian problems, directly arising from international or non

   Impressum

   Verlag: BookRix GmbH & Co. KG

   Texte: Henrietta Newton Martin
   Tag der Veröffentlichung: 23.06.2014
   ISBN: 978-3-7368-2192-7
   

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   Dedicated to my family Newtons and Martins and above all to the most benevolent Almighty God, Raboha Jesus Christ, the only source of wisdom, from whom alone all good things come. El sela