75 years of international humanitarian law and war atrocities without end
Published: Friday, Aug 9th 2024, 10:30
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The horrors of the Second World War shook the world awake: A minimum level of humanity must also apply in times of war, governments found. On August 12, 1949, they adopted the four Geneva Conventions, the cornerstones of international humanitarian law. On the 75th anniversary of their signing, however, increasingly frequent violations are making the headlines, such as the Russian attack on Ukraine, Israel's war on terror in the Gaza Strip, the power struggle in Sudan and many others.
"So has the attempt to preserve humanity even in times of war failed?" asks historian Johannes Piepenbrink in the magazine "Aus Politik und Zeitgeschichte" published by the Federal Agency for Civic Education in Bonn. Legal scholar Pierre Thielbörger from the University of Bochum says: no. After all, economic sanctions or proceedings under international criminal law are possible with reference to violations, which is why many governments think very carefully about how they behave, he tells the German Press Agency.
The origins
The Geneva Conventions go back to the Swiss Henry Dunant. In 1859, he was so shocked by the misery of wounded soldiers on the battlefield of Solferino in Italy that he proposed neutral aid organizations to care for wounded soldiers. This gave rise to the Red Cross movement in 1863. In 1864, government representatives also agreed on the first Geneva Convention on the Protection of the Wounded and the Neutrality of Medical Personnel.
This cornerstone of international humanitarian law was added to in 1949 at a diplomatic conference involving almost 20 states. Since then, 196 countries have ratified the Geneva Conventions.
What the conventions protect
The four conventions govern the treatment of the wounded and sick on land and at sea, the dignified treatment of prisoners of war and the protection of civilians in times of war, in their own country or in occupied territories. There were later additional protocols, including one on the application of international humanitarian law to internal conflicts. "The rules of the Geneva Conventions and the Additional Protocols of 1977 have largely become part of customary international law and apply to all states and all parties to a conflict," explains the Swiss Foreign Ministry.
The violations
When Russia fires missiles at residential buildings in Ukraine, when Israel reduces buildings to rubble to destroy a terrorist cell in the Gaza Strip, when warring parties in Sudan besiege cities and condemn hundreds of thousands to starvation: This violates the Geneva Conventions.
The USA also tried to undermine the conventions: it described suspected masterminds of the 2001 terrorist attacks, whom it had arrested, as "unlawful combatants" who were not protected. Legal experts rejected this. The terrorist organization Hamas also violates the conventions when it fires rockets at Israel from mosques or abuses civilians as shields.
So are conventions becoming less important?
Although there are no sanctions in the Geneva Conventions, they are often used to punish disregard, says legal scholar Thielbörger. For example, the EU sanctions against Russia were justified with violations of international humanitarian law in Ukraine, as were the investigations by the International Criminal Court against Russian President Vladimir Putin, as well as against Israeli politicians and Hamas officials. "International criminal law therefore helps to enforce international humanitarian law here," he told dpa.
In addition, state representatives changed their statements and actions with regard to international humanitarian law, for example when it came to arms deliveries to Israel. "This is also due to the concern that these weapons could be used to commit violations of international humanitarian law in the Gaza Strip. International humanitarian law therefore has a direct influence on national foreign policy here too."
Problem: non-state actors
In 1949, the signatories were state actors in armed conflicts, but other armed groups are increasingly involved in conflicts. First it was liberation movements fighting against colonial powers, today it is Hamas in the Gaza Strip, the Hezbollah militia in Lebanon or the Houthi in Yemen, for example. International humanitarian law has also applied to them since the Additional Protocols of 1977 at the latest. Thielbörger also refers to customary international law, rules that exist even without a treaty and demand a minimum level of humanity. "This customary law is particularly important in international law and is constantly evolving without all states having to sign a new treaty, which is often difficult and takes a long time," he says.
What can be done to promote compliance?
"States and parties to conflict must now lead by example," demands Laurent Gisel, a lawyer at the International Committee of the Red Cross (ICRC). "Making respect for the laws of war a political priority is essential to ensure that these laws continue to protect humanity in times of conflict."
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