AN ASSESSMENT OF THE PENAL RESPONSIBILITY AND SANCTIONS FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW
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"Humanitarian law is a branch of public international law that owes its inspiration to a concern for humanity and which is oriented on the protection of the person," Humanitarian law is a part of public international law.
This citation from a work written by Mr. Jean Pictet defines the scope of this law, the purpose of which is to "alleviate the sufferings, of all the victims of armed conflicts who are in the power of their enemy whether wounded, sick, or shipwrecked prisoners of war or civilian." [Citation from work] "alleviate the sufferings, of all the victims of armed conflicts who are in the power of their enemy whether wounded, sick, or shipwrecked prisoners1.
Before the middle of the 19th century, agreements to safeguard victims of war were just temporary in nature. These agreements were only enforceable upon the contracting parties thereto and were based on strict reciprocity.
In point of fact, they consisted of agreements that were strictly military in nature and were often valid only for the length of a given time of hostilities. This condition of things shifted as a result of the development of contemporary humanitarian law, which is linked to the beginning of the movement connected with the Red cross. Because of this new development, governments are now bound by a global treaty that is relevant in all eras and under all conditions.
There have been power struggles, confrontations, and military wars between states, communities, and individuals throughout the history of mankind2.
Since the beginning of human history, people have been fascinated with the dilemma of how to manage the effects of violence and the human miseries that are inevitably associated with it, with varied degrees of success.
Therefore, it would be inaccurate to state that the establishment of the Red Cross in 1863 or the passage of the first Geneva Convention in 1864 marked the beginning of international humanitarian law as it is known and practiced today. Both of these events occurred in 1863. Just as there is no civilization of any kind that does not have its own set of laws, there has never been a war that did not have some rules, either vague or specific, covering the beginning of hostilities, how they are conducted, and how they come to a conclusion. According to what Quincy Wright rightly observed, "Taken as a whole, the war practices of primitive people illustrate various types of international rules of war known at the present time; rules determining the circumstance formalities and authority for beginning and ending war; rules describing limitation of persons, time, place, and methods of it conducts, and even rules outlawing war altogether." [Citation needed] "Taken as a whole, the war practices of primitive people illustrate various types of international rules of war known at the present time 3.
Several millennia before our time, a significant civilisation made the following proclamation, which is considered to be the first rule of war: "I create these laws to prevent the powerful from abusing the weak."
4.
The Mahabharata, the Bible, and the Koran are just a few examples of ancient books that have laws that encourage respect for one's opponent. For example, the viqayet, a treatise written around the end of the 13th century at the height of the time in which the Arabs governed Spain, includes a true code for combat. The viqayet was written during the height of the period in which the Arabs ruled Spain. Therefore, the convention of 1864, which had the form of a multilateral treaty, formalized and reinforced old, piecemeal and dispersed laws and practices of war that protected the injured and those who cared for them. Grotius, a legal scholar and diplomat from the Netherlands, authored his De Jure Belli, Ac pacis in the 17th century. In this work, he outlined the laws that are now considered to be among the most solid foundations of the law of war.
In the 18th century, Jean – Jacques Rousseau made a significant contribution to the development of the following principle regarding the nature of war between states: "War is in no way a relationship of man with man but a relationship between state, in which individuals are enemies only by accident; not as men, nor even as citizens, but as soldiers... since the object of war is to destroy the enemy state, it is legitimate to kill the latter's defenders as long as they are carrying out their
Over five hundred cartels, codes of conduct, covenants, and other writings meant to govern conflicts have been documented from the commencement of combat until the introduction of current humanitarian law. These documents range from ancient to modern. These include the Lieber Code, which was the first effort to codify the pre-existing rules and traditions of war. It came into effect in April of 1863 and is significant due to the fact that it was the first of its kind.
However, the lieber code did not have the status of a treaty since it was only designed for union troops to use while fighting in the American civil war5. This is in contrast to the first Geneva Convention, which was ratified a year later.
The sophistication of modern weapons of mass destruction used in modern warfare by large national armies and the resultant suffering of wounded soldiers lying helpless on the battle field, the wanton destruction of properties, and the ecological effect on the environment can be linked to the development of modern international humanitarian law. The creation of the current law of armed conflicts, which is based on multilateral treaties, was inspired by these factors as well as the growing interest of states in universal norms of respect for the human person.
The Austrian and French forces fought each other on June 24, 1859, at the town of Solferino, which is located in present-day Italy. After 16 hours of action, the battlefield was littered with the bodies and wounds of 40,000 soldiers who had died or been injured. Henry Dunant, a citizen of Switzerland who was traveling here on business, arrived the same evening. He was appalled by what he saw: in both armies, there was a severe lack of competent medical care, and as a result, hundreds of injured troops were left to suffer untreated and left to their own destiny. This terrified him. After not wasting any time, Dunant began arranging treatment for them without regard to their race or ethnicity, with the assistance of residents from neighboring communities. After returning to Switzerland, Dunant found that he was unable to put the harrowing experience he had just observed out of his mind.
He made the decision to compose "A recollection of Solferino," which he then published in November 1862 at his own cost and sent to friends, philanthropists, military leaders, politicians, and select royal families. According to what he said, the book was an instant hit, and its plea to human conscience was made in an expressive manner. "On certain special occasions, such as, for example, when princes of the military art belonging to different nationalities meet... would it not be desirable that they should take advantage of this sort of congress to formulate some international principle sanctioned by a convention and inviolate in character, which, once agreed upon and ratified, could constitute the basis for societies for the relief of the wounded in the various European countries6? " "On certain special occasions, such as, for example, when princes of the military art
On February 9, 1863, the Geneva organization for public welfare, which was a charity institution situated in the city of Geneva in Switzerland, made the decision to establish a five-member committee to examine how Dunant's ideas may be implemented in the future.
On February 17, this commission consisting of Gustave Moynier, Guillaume-Henry Dufour, Louis Appia, and Theodore Mounior, as well as Dunant himself, met and established the International Committee for Relief to the Wounded in Time of War, which would later become known as the International Committee of the Red Cross (ICRC)7. By dint of enthusiasm and perseverance, they were successful in 1864 in convincing the government of Switzerland to host an international conference. Representatives from twelve different states attended the conference, and the tangible result of the conference was the signing of the Geneva Convention for the Amelioration of the conditions of the Wounded in Armed Forces in the Field8. This made the concept of a universally applicable humanitarian standard crystal clear by requiring the High Contracting Parties to treat their own injured as well as those of the enemy with the same level of care9. Protecting medical workers, medical equipment, and medical installations was a priority.
They were to be distinguished by a unique symbol, which was to be a cross in red on a backdrop of white. The first Geneva Convention, which was signed in 1864, is generally regarded as the starting point of current international humanitarian law. The Geneva Convention of 1864 was adapted for use in marine conflict by the Hague Convention, which was signed in 1899 and addressed the rules and customs of land warfare. The Geneva Convention was signed in 1864. The terms of the Geneva Convention of 1864 were expanded upon and refined in 1906. The Hague Convention of 1899 was revised and replaced with a new convention in 1907. The new convention defined the categories of combatants who were entitled to the status of prisoner of war when they were captured as well as to a certain treatment throughout the entirety of their time spent in captivity. The Geneva Protocol to outlaw the use in war of asphyxiating, toxic, or other gases, and of bacteriological means of warfare, was approved in 1925. This was the year when the Geneva Protocol was signed. These Conventions, which are now in effect, were decided to be put into effect.
The diplomatic conference that took place in 1949 not only resulted in the adoption of the "Geneva Convention relative to the protection of Civilian Persons in time of War," but it also resulted in a revision of the three earlier conventions, the text of which was brought into harmony. This occurred in addition to the adoption of the "Geneva Convention relative to the protection of Civilian Persons in time of War." Over the past half-century and a half, the countless victims of armed conflict have been afforded protection thanks to a legal achievement of historic significance known as the four Geneva conventions, which contain approximately 400 articles and constitute a legal achievement of significant importance.
In its quest to develop international humanitarian law so that it may keep pace with the changing pattern of conflicts, the International Committee of the Red Cross, which was the initiator of international humanitarian law, undertakes revision of existing instruments as and when it appears to it to be necessary and feasible to do so. This is done on a case-by-case basis.
Despite the fact that the Geneva Conventions of 1949 represented a significant step forward in the evolution of humanitarian law. The International Committee of the Red Cross (ICRC) reached the conclusion that such an endeavor was appropriate in the year 1965. However, during the process of decolonization, the newly independent governments discovered that it was difficult to be bound by a set of norms that they had no part in drafting themselves. In addition to this, the regulations established by the treaties governing the conduct of hostilities have not been updated since the Hague Treaties were signed in 1907. It was decided to increase protection for victims of armed conflict by adopting new documents in the form of protocols extra to the Geneva Conventions 11. This was done because changing the Geneva Conventions may have put some of the advancements gained in 1949 at risk.
The International Committee of the Red Cross (ICRC) conducted research into whether or not the conventions that were ratified in 1949 should be amended by developing a draft set of rules in 1956, then basing their decisions on resolutions passed in the 1960s by two international conferences of the Red Cross and a conference on international human rights that was held in Tehran in 1968. The International Committee of the Red Cross (ICRC) presented the concept at the 21st International Conference of the Red Cross, which took place in Istanbul in 1969. The attendees, which included states that were parties to the Geneva Conventions, mandated it accordingly, and the ICRC's own lawyers began the preparatory work. Between the years 1971 and 1974, the International Committee of the Red Cross (ICRC) had a number of meetings with both the government and the movement. The United Nations was kept regularly updated on the development of the program.
The 22nd International Conference of the Red Cross was held in Tehran in 1973. At that time, they discussed the draft texts and gave their full support to the work that had been done. The Swiss government, in its capacity as the depository of the Geneva Conventions of 1949, convened the Diplomatic Conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts in Geneva in February 1974. The conference lasted for a total of four sessions before coming to a close in June 1977.
In contrast to the law of war, which establishes the rights and obligations of belligerents in the conduct of military operations and limits the means of harming the enemy, the law of Geneva, also known as humanitarian law proper, is intended to protect military personnel who are not or no longer taking part in the fighting as well as persons, particularly civilians who are not actively involved in hostilities.
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