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90-415: International human rights law, which governs the conduct of a state towards its people in peacetime is traditionally seen as distinct from international humanitarian law which governs the conduct of states and non-state armed groups during conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that international humanitarian law represents

180-425: A backlog of over 120,000 cases and a multi-year waiting list. About one out of every twenty cases submitted to the court is considered admissible. In 2007, the court issued 1,503 verdicts. At the current rate of proceedings, it would take 46 years for the backlog to clear. There is currently no international court to administer international human rights law, but quasi-judicial bodies exist under some UN treaties (like

270-655: A belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated. Every feasible precaution must be taken by commanders to avoid civilian casualties. The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non-international armed conflicts. The principle of humane treatment requires that civilians be treated humanely at all times. Common Article 3 of

360-453: A conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law . Reparation for victims of serious violations of International Humanitarian Law acknowledges the suffering endured by individuals and communities and seeks to provide a form of redress for the harms inflicted upon them. The evolving legal landscape, notably through

450-669: A continent-wide human rights instrument, similar to those that already existed in Europe ( European Convention on Human Rights ) and the Americas ( American Convention on Human Rights ). This committee was duly set up, and it produced a draft that was unanimously approved at the OAU's 18th Assembly held in June 1981, in Nairobi , Kenya . Pursuant to its Article 63 (whereby it was to "come into force three months after

540-494: A controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as from its own Statutes. The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. During conflict, punishment for violating

630-534: A distinctive uniform or other easily identifiable badge, and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy , as is the taking of hostages . International humanitarian law now includes several treaties that outlaw specific weapons. These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7,000 deaths

720-625: A function of international human rights law; it includes general norms that apply to everyone at all time as well as specialized norms which apply to certain situations such as armed conflict between both state and military occupation (i.e. IHL) or to certain groups of people including refugees (e.g. the 1951 Refugee Convention ), children (the Convention on the Rights of the Child ), and prisoners of war (the 1949 Third Geneva Convention ). The General Assembly of

810-624: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris from 7 to 9 October 1991, and adopted by UN Human Rights Commission Resolution 1992/54 of 1992 and General Assembly Resolution 48/134 of 1993. The Paris Principles list

900-405: A number of responsibilities for NHRIs. Universal jurisdiction is a controversial principle in international law, whereby states claim criminal jurisdiction over people whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence or any other relationship to the prosecuting country. The state backs its claim on the grounds that

990-598: A prisoner should not be killed, as he "cannot be held responsible for mere acts of belligerency". However, the prohibition against killing non-combatants is not necessarily absolute in Islamic Law. For example, in situations where an "enemy retreats inside fortifications and one-to-one combat is not an option", Islamic jurists have been unanimous as to the permissibility on the use of less discriminating weapons such as mangonels (a weapon for catapulting large stones) if required by military necessity but have differed with respect to

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1080-500: A requirement to review human rights cases every four years. The United Nations Sustainable Development Goal 10 also targets the promotion of legislation and policies towards reducing inequality. The Universal Declaration of Human Rights (UDHR) is a UN General Assembly declaration that does not in form create binding international human rights law. Many legal scholars cite the UDHR as evidence of customary international law . More broadly,

1170-468: A result of World War II, all four conventions were revised, based on previous revisions and on some of the 1907 Hague Conventions, and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in 1949. There are three additional amendment protocols to

1260-523: A simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986, in honour of which 21 October was declared African Human Rights Day. The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union , tasked with promoting and protecting human rights and collective (peoples') rights throughout

1350-501: A threat to the international community as a whole, and that the community has a moral duty to act. Others, like Henry Kissinger , argue that "widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny—that of judges". International humanitarian law International humanitarian law ( IHL ), also referred to as

1440-559: A trial; if captured after rejoining their own army, they must be treated as prisoners of war. Suspected terrorists who are captured during an armed conflict, without having participated in the hostilities, may be detained only in accordance with the GC IV , and are entitled to a regular trial. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. After

1530-414: A year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets", have also killed many. An estimated 98% of the victims are civilian; farmers tilling their fields and children who find these explosives have been common victims. For these reasons, the following conventions have been adopted: The ICRC is the only institution explicitly named under international humanitarian law as

1620-453: Is a supranational union consisting of 55 African countries. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, in particular by bringing an end to intra-African conflict and creating an effective and productive common market. The Charter on Human and Peoples' Rights is the region's principal human rights instrument, which emerged under

1710-663: Is an autonomous organ of the Organization of American States , also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in

1800-665: Is an international organization headquartered in Washington, DC. Its members are the thirty-five independent nation-states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalisation , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (IACHR)

1890-504: Is crucial to recognise, as discussed above, that the two frameworks constitute different legal regimes. The United Nations human rights bodies do have some quasi-legal enforcement mechanisms. These include the treaty bodies attached to the seven currently active treaties, and the United Nations Human Rights Council complaints procedures, with Universal Periodic Review and United Nations Special Rapporteur (known as

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1980-508: Is important not to assume perfect alignment. There are areas in which legal norms and cultural practices clash. Violence against women, for example, is frequently legitimized by arguments from culture, and yet is prohibited in IHL and other international law. In such cases, it is important to ensure that IHL is not negatively affected. African Charter on Human and Peoples%27 Rights The African Charter on Human and Peoples' Rights (also known as

2070-615: Is made up of two historical streams: The two streams take their names from a number of international conferences that took place in those two cities and which produced treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first of which was drawn up in 1863. Both deal with jus in bello , which deals with the question of whether certain practices are acceptable during armed conflict. The Law of The Hague, or

2160-536: Is naked, nor one who is disarmed, nor one who looks on without taking part in the fight." Islamic law states that " non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested. The first Caliph, Abu Bakr , proclaimed, "Do not mutilate. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees. Do not slaughter livestock except for food." Islamic jurists have held that

2250-716: Is separate from the European Union , but the latter is expected to accede to the European Convention on Human Rights. The Council includes all the member states of European Union. The EU also has a separate human rights document, the Charter of Fundamental Rights of the European Union . The European Convention on Human Rights has since 1950 defined and guaranteed human rights and fundamental freedoms in Europe. All 47 member states of

2340-694: Is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law, and has observer status at the United Nations. The seat of the council is in Strasbourg in France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights . These institutions bind

2430-635: The Banjul Charter ) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent . It emerged under the aegis of the Organisation of African Unity (since replaced by the African Union ) which, at its 1979 Assembly of Heads of State and Government, adopted a resolution calling for the creation of a committee of experts to draft

2520-609: The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in October 2007, and the Convention on preventing and combating violence against women and domestic violence in May 2011. The European Court of Human Rights is the only international court with jurisdiction to deal with cases brought by individuals rather than states. In early 2010, the court had

2610-531: The Human Rights Committee under the ICCPR). The International Criminal Court (ICC) has jurisdiction over the crime of genocide , war crimes and crimes against humanity . The European Court of Human Rights and the Inter-American Court of Human Rights enforce regional human rights law. Although these same international bodies also hold jurisdiction over cases regarding international humanitarian law, it

2700-489: The International Covenant on Economic, Social and Cultural Rights ), other treaties have been adopted at the international level. These are generally known as human rights instruments . Some of the most significant include the following: Regional systems of international human rights law supplement and complement national and international human rights law by protecting and promoting human rights in specific areas of

2790-697: The International Criminal Tribunals for the former Yugoslavia and Rwanda ) and mixed tribunals (like the Special Court for Sierra Leone ) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law. IHL has generally not been subject to

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2880-482: The Nuremberg trials . IHL operates on a strict division between rules applicable in international armed conflict and internal armed conflict . International humanitarian law is traditionally seen as distinct from international human rights law (which governs the conduct of a state towards its people), although the two branches of law are complementary and in some ways overlap. Modern international humanitarian law

2970-617: The United Nations Security Council resolution 2664 (2022). This includes incorporating humanitarian exemptions into EU sanctions regimes, ensuring that aid can reach those in need without legal barriers. This shift has led to the inclusion of comprehensive humanitarian exemptions in new sanctions frameworks for Niger and Sudan, and the amendment of existing regimes to incorporate similar exemptions, thereby covering key humanitarian contexts in countries like Lebanon, Myanmar, and Venezuela. IHL emphasises, in various provisions in

3060-422: The laws of armed conflict , is the law that regulates the conduct of war ( jus in bello ). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants . International humanitarian law is inspired by considerations of humanity and

3150-473: The laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm". In particular, it concerns itself with Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare

3240-572: The right to property (Article 14), and the right to resist (Article 20). Some human rights scholars however consider the Charter's coverage of other civil and political rights to be inadequate. For example, the right to privacy or a right against forced or compulsory labour are not explicitly recognised. The provisions concerning fair trial and political participation are considered incomplete by international standards. The Charter also recognises certain economic, social and cultural rights , and overall

3330-596: The rights of fair and regular trial ", because they are still covered by GC IV, Article 5 . Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant". Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Spies may only be punished following

3420-678: The 1235 and 1503 mechanisms respectively). The enforcement of international human rights law is the responsibility of the nation state ; it is the primary responsibility of the State to make the human rights of its citizens a reality. In practice, many human rights are difficult to enforce legally, due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in

3510-807: The AU Assembly then decided that the ACHP should be operationalised despite the fact that the protocol establishing the African Court of Justice had not yet come into effect. Accordingly, the Eighth Ordinary Session of the Executive Council of the African Union meeting in Khartoum, Sudan, on 22 January 2006, elected the first judges of the African Court on Human and Peoples' Rights . The relationship between

3600-565: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by fifteen countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)

3690-615: The African continent, as well as with interpreting the African Charter on Human and Peoples' Rights, and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should

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3780-646: The Charter include the right to freedom from discrimination (Article 2 and 18(3)), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the right to a fair trial (Article 7 and 25), freedom of religion (Article 8), freedom of information and expression (Article 9), freedom of association (Article 10), freedom of assembly (Article 11), freedom of movement (Article 12), freedom to political participation (Article 13),

3870-467: The Charter is considered to place considerable emphasis on these rights. The Charter recognises right to work (Article 15), the right to health (Article 16), and the right to education (Article 17). Through a decision by the African Commission on Human and Peoples' Rights, SERAC v Nigeria (2001), the Charter is also understood to include a right to housing and a right to food as "implicit" in

3960-534: The Charter, particularly in light of its provisions on the right to life (Art. 4), right to health (Art. 16) and to development (Art. 22). In addition to recognising the individual rights mentioned above the Charter also recognises collective or group rights , or peoples' rights and third-generation human rights . As such the Charter recognises group rights to a degree not matched by the European or Inter-American regional human rights instruments. The Charter awards

4050-773: The Council of Europe have signed this convention, and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. In order to prevent torture and inhuman or degrading treatment, the Committee for the Prevention of Torture was established. The Council of Europe also adopted the Convention on Action against Trafficking in Human Beings in May 2005, for protection against human trafficking and sexual exploitation ,

4140-640: The GCs and APs, the concept of formal equality and non-discrimination. Protections should be provided "without any adverse distinction founded on sex". For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men". In addition to claims of formal equality, IHL mandates special protections to women, providing female prisoners of war with separate dormitories from men, for example, and prohibiting sexual violence against women . The reality of women's and men's lived experiences of conflict has highlighted some of

4230-506: The GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. This principle of humane treatment has been affirmed by

4320-643: The Geneva Convention: The Geneva Conventions of 1949 may be seen, therefore, as the result of a process which began in 1864. Today they have "achieved universal participation with 194 parties". This means that they apply to almost any international armed conflict. The Additional Protocols, however, have yet to achieve near-universal acceptance, since the United States and several other significant military powers (like Iran, Israel, India and Pakistan) are currently not parties to them. With

4410-420: The ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts. The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war, civilians, and persons hors de combat . All protected persons shall be treated with

4500-459: The Law of The Hague and the Law of Geneva, but also important human rights provisions. Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross . It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case,

4590-528: The UDHR has become an authoritative human rights reference. It has provided the basis for subsequent international human rights instruments that form non-binding, but ultimately authoritative international human rights law. Besides the adoption in 1966 of the two wide-ranging Covenants that form part of the International Bill of Human Rights (namely the International Covenant on Civil and Political Rights and

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4680-616: The United Nations adopted the Vienna Declaration and Programme of Action in 1993, in terms of which the United Nations High Commissioner for Human Rights was established. In 2006, the United Nations Commission on Human Rights was replaced with the United Nations Human Rights Council for the enforcement of international human rights law. The changes prophesied a more structured organization along with

4770-486: The adoption of the 1977 Additional Protocols to the Geneva Conventions , the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law (i.e. the protection of certain prisoners of war and civilians in occupied territories). The 1977 Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both

4860-546: The aegis of the Organisation of African Unity (OAU) (since replaced by the African Union ). The intention to draw up the African Charter on Human and Peoples' Rights was announced in 1979. The Charter was unanimously approved at the OAU's 1981 Assembly. Pursuant to Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of

4950-446: The age of eighteen must not be permitted to take part in hostilities, cannot be evacuated to a foreign country by a country other than theirs, except temporarily due to a compelling threat to their health and safety, and if orphaned or separated from their families, must be maintained and receive an education. The European Union has made significant changes to its sanctions policy to better safeguard humanitarian efforts, in response to

5040-406: The case arise, give its views or make recommendations to governments." With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that

5130-487: The civilian population. The two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces", including non-nationals and refugees. However, it is accepted that operations may cause civilian casualties. Luis Moreno Ocampo, chief prosecutor of

5220-503: The conduct and responsibilities of belligerent nations, neutral nations , and individuals engaged in warfare, in relation to each other and to protected persons , usually meaning non-combatants . It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering. Serious violations of international humanitarian law are called war crimes . While IHL ( jus in bello ) concerns

5310-540: The conflict, as well as to military personnel hors de combat . It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC. This focus can be found in the Geneva Conventions . The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. It focused on the protection of civilians and those who can no longer fight in an armed conflict. As

5400-663: The council's members to a code of human rights which, although strict, is more lenient than that of the UN Charter on human rights. The council also promotes the European Charter for Regional or Minority Languages and the European Social Charter . Membership is open to all European states which seek European integration , accept the principle of the rule of law , and are able and willing to guarantee democracy, fundamental human rights and freedoms . The Council of Europe

5490-477: The crime committed is considered a crime against all, which any state is authorized to punish. The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes , or owed to the entire world community, as well as the concept of jus cogens . In 1993, Belgium passed a "law of universal jurisdiction" to give its courts jurisdiction over crimes against humanity in other countries. In 1998, Augusto Pinochet

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5580-512: The execution of POWs . At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant , a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino , led to more systematic efforts to prevent the suffering of war victims. Dunant wrote a book, which he titled A Memory of Solferino , in which he described

5670-661: The first of its kind in the West. It was not until the second half of the 19th century, however, that a more systematic approach was initiated. In the United States, a German immigrant, Francis Lieber , drew up a code of conduct in 1863, which came to be known as the Lieber Code , for the Union Army during the American Civil War . The Lieber Code included the humane treatment of civilian populations in areas of conflict, and also forbade

5760-479: The future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of the African Union is intended to be the "principal judicial organ of the Union". Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as to act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing

5850-424: The gender limitations of IHL. Feminist critics have challenged IHL's focus on male combatants and its relegation of women to the status of victims, and its granting them legitimacy almost exclusively as child-rearers. A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers. Others have argued that

5940-669: The global level as early as the 1907 Second Hague Conference, and have continued to do so since. ICRC studies on the Middle East, Somalia, Latin America, and the Pacific, for example have found that there are traditional and long-standing practices in various cultures that preceded, but are generally consistent with, modern IHL. It is important to respect local and cultural practices that are in line with IHL. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities. Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it

6030-475: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are therefore adjudicatory and advisory: Many countries in the Americas, including Colombia, Cuba, Mexico and Venezuela, have been accused of human rights violations. The Council of Europe , founded in 1949,

6120-446: The horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field . The Law of Geneva is directly inspired by the principle of humanity . It relates to those who are not participating in

6210-418: The international criminal court, wrote in 2006: "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) ... or an attack is launched on a military objective in

6300-468: The issue of sexual violence against men in conflict has not yet received the attention it deserves. Soft-law instruments have been relied on to supplement the protection of women in armed conflict: Read together with other legal mechanisms, in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), these can enhance interpretation and implementation of IHL. In addition, international criminal tribunals (like

6390-508: The knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)." The provisions and principles of IHL which seek to protect civilians are: The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on

6480-429: The laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal . Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war , but only after facing a "competent tribunal". At that point, they become unlawful combatants , but must still be "treated with humanity and, in case of trial, shall not be deprived of

6570-533: The mechanisms of international courts like the ICC, has reinforced the notion that victims of war crimes and other serious breaches of International Humanitarian Law have a recognized right to seek reparations. These reparations can take various forms, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition, aimed at addressing the physical, psychological, and material damage suffered by victims. The Fourth Geneva Convention focuses on

6660-491: The mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions ), customary international law , general principles of nations, and case law . It defines

6750-416: The newly created Court and the commission is yet to be determined. As of 2019, 53 states have ratified the Charter. The African Charter on Human and People's Rights includes preamble, 3 parts, 4 chapters, and 63 articles. The Charter established a regional human rights system for Africa. The Charter shares many features with other regional instruments, but also has notable unique characteristics concerning

6840-537: The norms it recognizes and also its supervisory mechanism. The preamble commits to the elimination of Zionism , which it compares with colonialism and apartheid , causing South Africa to qualify its 1996 accession with the reservation that the Charter fall in line with the UN's resolutions "regarding the characterization of Zionism." The Charter recognizes most of what are regarded universally accepted civil and political rights. The civil and political rights recognized in

6930-512: The one hand, and civilians and civilian objects on the other; and only to target the former. It also provides that civilians lose such protection should they take a direct part in hostilities. The principle of distinction has also been found by the ICRC to be reflected in state practice; it is therefore an established norm of customary international law in both international and non-international armed conflicts. Necessity and proportionality are established principles in humanitarian law. Under IHL,

7020-411: The persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war activities under a white flag or a red cross is itself a violation of the laws of war. These examples of the laws of war address: It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of

7110-758: The protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times. In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners. In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master." In ancient India there are records (the Laws of Manu , for example) describing

7200-478: The reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states ), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986– in honour of which 21 October was declared "African Human Rights Day". Oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples' Rights , which

7290-501: The rules and principles governing the conduct of warfare once armed conflict has begun, jus ad bellum pertains to the justification for resorting to war and includes the crime of aggression . Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at

7380-538: The same consideration by parties to the conflict, without distinction based on race, religion, sex or political opinion. Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination. The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non-international armed conflict. Women must be protected from rape, forced prostitution and from any form of indecent assault. Children under

7470-483: The same debates and criticisms of " cultural relativism " as have international human rights . Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new, and European in name, the core concepts are not new, and laws relating to warfare can be found in all cultures. Indeed, non-Western participants played important roles in the development of this area of law at

7560-408: The types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blazing with fire." There is also the command not to strike a eunuch nor the enemy "who folds his hands in supplication ... Nor one who sleeps, nor one who has lost his coat of mail, nor one who

7650-623: The use of fire in such cases. The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of Santa Ana de Trujillo. This treaty was signed under the conflict of Independence, being

7740-464: The world. There are three key regional human rights instruments which have established human rights law on a regional basis: The Organisation of American States and the Council of Europe , like the UN, have adopted treaties (albeit with weaker implementation mechanisms) containing catalogues of economic, social and cultural rights , in addition to the aforementioned conventions dealing mostly with civil and political rights : The African Union (AU)

7830-617: Was arrested in London following an indictment by Spanish judge Baltasar Garzón under the universal-jurisdiction principle. Adolf Eichmann who was the former Nazi SS lieutenant colonel accused of overseeing the transfer of Jews to Holocaust death camps also persecuted in Israel in 1961. Adolf was living in Argentina after the war. The principle is supported by Amnesty International and other human rights organisations , which believe that certain crimes pose

7920-469: Was destroyed or looted." In the 17th century, the Dutch jurist Hugo Grotius , widely regarded as the founder or father of public international law, wrote that "wars, for the attainment of their objects, it cannot be denied, must employ force and terror as their most proper agents". Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for

8010-534: Was set up on November 2, 1987 in Addis Ababa (PM Ebbaa.A), Ethiopia and is now headquartered in Banjul , Gambia . A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples' Rights was to be created. The protocol came into effect on 25 January 2004. In July 2004, the AU Assembly decided that the ACHP would be incorporated into the African Court of Justice . In July 2005,

8100-541: Was to overcome the enemy state, which could be done by disabling the enemy combatants. Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle". Fritz Munch sums up historical military practice before 1800: "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property

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