How international humanitarian law develops

Droege, Cordula; Giorgou, Eirini

doi:10.1017/s1816383122000893

Cited by 5 publications

(2 citation statements)

References 16 publications

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“…The case that some procedural criteria can be waived to stop atrocious behavior is persuasive, especially when it comes to applying international humanitarian law to protect civilians in non-interrogation areas. The application of customary IHL to NSAGs has gained broader acceptance than treaty-based regulations, even though it pertains to NIACs and is more developed (Droege & Giorgou, 2022). Furthermore, there is an increasing recognition that many regulations that apply to international armed conflicts also apply to NIACs.…”

Section: Developments In International Humanitarian Law For Non-inter...mentioning

confidence: 99%

Conceptualizing the applicability of Non-international armed conflict in the context of International Humanitarian Law.

Saadat Ali Nadeem,

Muhammad Faisal,

Muhammad Muneeb Raza

et al. 2023

PJCJ

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This research paper investigates the dynamic nature of armed conflicts, with a specific emphasis on the differentiation between international and non-international armed conflicts (NIACs) within the context of International Humanitarian Law (IHL). International conflicts encompass intricate diplomatic dynamics, but NIACs are distinguished by their tendency towards political instability, external intervention, and socioeconomic inequalities. This study highlights the importance of Common Article 3 and Protocol 2 of the Geneva Conventions in effectively addressing the intricate nature of armed conflicts, providing crucial safeguards for individuals irrespective of territorial boundaries. The author also highlighted the significance of elucidating the extent and understanding of NIACs in order to mitigate breaches of humanitarian law and safeguard both civilians and combatants. The research ultimately supports the implementation of IHL principles as a means to reduce the human toll of armed conflicts and protect humanitarian standards.

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Section: Developments In International Humanitarian Law For Non-inter...mentioning

confidence: 99%

Conceptualizing the applicability of Non-international armed conflict in the context of International Humanitarian Law.

Saadat Ali Nadeem,

Muhammad Faisal,

Muhammad Muneeb Raza

et al. 2023

PJCJ

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“…106 Processes taking those alternative forms have been in motion of years now regarding new areas of concern (e.g., cyber operations) as well as more traditional ones. 107 Comparative research should thus continue regarding the politics of contestation surrounding the many recent and ongoing efforts non-codification IHL-making. 108 In terms of ICRC-led initiatives, another critical case exists in the Interpretive Guidance on the Notion of Direct Participation in Hostilities, 109 and in the revised commentaries on the four Geneva Conventions and the APs.…”

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confidence: 99%

From treaty to custom: Shifting paths in the recent development of international humanitarian law

Mantilla

2024

Leiden Journal of International Law

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From 1864 to the 1970s, international humanitarian law (IHL) changed through the path of formal treaty revision. Since 1977, however, purported changes to IHL have come not from treaty making but from interpretation, particularly through claims about the attainment of customary status by existing treaty rules. This article explains this shift as the result of the attitudes and choices of key IHL stakeholders under the changed conditions of post-Second World War multilateralism. It argues that the turn toward customary law claims-making was a reaction to the negotiation politics and contested outcomes of the 1977 Additional Protocols (APs) to the Geneva Conventions. After 1977, leading actors looked to custom as a means of arresting or encouraging legal change. The resulting, much-expanded IHL has proved influential and authoritative, even if its precise degree of acceptance by states remains unclear.

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Queering the humanitarian principles of neutrality and impartiality: Implications for humanitarian action, IHL effectiveness and gender justice

Chernova

2024

Int. rev. Red Cross

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Institutions are often reluctant to openly engage on controversies around the patriarchal underpinnings of the humanitarian sector, or the hard questions around implementing rights-based approaches in spaces where the dominant social norms run counter to an enabling environment for principled humanitarian and development assistance. A reluctance to engage on these issues can lead to unintended suppression of gender justice efforts under the urgency and scale of needs-based humanitarian response. Pre-crisis unequal power relations can be visible or invisible, difficult to measure and even more difficult to address through humanitarian action. Engaging on root causes and drivers of human suffering is often viewed as “political” in contexts of closing civic space and restricted humanitarian access. This article will explore tensions and synergies between the humanitarian principles and the gender justice agenda with a view to helping humanitarian actors contribute to long-term goals of transforming social norms. The article applies a critical feminist lens to the humanitarian principles of neutrality and impartiality, with a focus on the wider development agenda, the nature of the State in a State-centric global order, and the continuum of violence. Drawing on critical feminist theory and decolonization discourses, and building on gender analyses of international humanitarian law, this article looks to queer the humanitarian principles of neutrality and impartiality within the context of the shifting aid system in which they are applied. The objective is help address some of the gaps in literature, identify ways in which aid actors can reduce unintended harm to the gender justice agenda, and help contribute to the more transformative agendas of gender justice.

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How international humanitarian law develops

Cited by 5 publications

References 16 publications

Conceptualizing the applicability of Non-international armed conflict in the context of International Humanitarian Law.

Conceptualizing the applicability of Non-international armed conflict in the context of International Humanitarian Law.

From treaty to custom: Shifting paths in the recent development of international humanitarian law

Queering the humanitarian principles of neutrality and impartiality: Implications for humanitarian action, IHL effectiveness and gender justice

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