bluuebunny/crossref_metadata_2025 huggingface dataset:
Assistance to victims of war in international humanitarian law and humanitarian practice
Authors: Sommaruga Cornelio
Published: January 2010

To crown the feature on humanitarian assistance published in the May-June 1992 issue of the Review, we now present the text of a lecture given by ICRC President Cornelio Sommaruga in several European cities in recent months, among them Freiburg im Breisgau, Como, Oslo and Paris.
The defence of human dignity in the New World
Authors: Rubiera Fernando Murillo
Published: January 2010

The spirit of discovery, which from 1492 led to the conquest of the territories beyond the ocean, lasted practically throughout the sixteenth century. However, those territories were not simply hitherto unknown lands waiting to be discovered and occupied. From the outset it was obvious that they were inhabited. The scenery was accompanied by the presence of man even on the islands of the first landfall.
Charter of rights of the Indians according to the School of Salamanca
Authors: Vicente Luciano Pereña
Published: January 2010

The discovery of America, first seen as an encounter, soon degenerated into a clash between two worlds. It is said that the invasion of the Americas by Europeans started in 1492. The conquering Spaniards overran the recently discovered lands by force of arquebus and disease, their most effective allies being the bacteria and viruses they carried with them.
Environmental Destruction in the 1991 Gulf War
Authors: Roberts Adam
Published: January 2010

Since the 1991 war between Iraq and the coalition powers there has been much interest in the question of how to limit the environmental damage of warfare. In addressing that question, it is necessary to look at the events of the war itself, and to draw some conclusions from that experience as well as from other experience and from more normative approaches.
Recent studies on the protection of the environment in time of armed conflict
Authors: Bouvier Antoine
Published: January 2010

The problem of protecting the environment in time of armed conflict has given rise to numerous discussions and major studies over the last two years.

In our opinion, there are at least two distinct reasons for the keen interest in this question. In the first place it is quite logically a response to the increasingly energetic efforts to improve, both nationally and internationally, the protection of the environment in peacetime. Secondly, this interest reflects the fears engendered during and after the 1990–1991 Gulf war that set the Middle East ablaze.
Humanitarian Law and Human Rights Law — Alike yet Distinct
Authors: Meurant Jacques
Published: January 2010

International humanitarian law and human rights law share a common goal, namely to protect the individual and to ensure respect for human dignity. Yet these two branches of international public law each have their own characteristics and origins and have evolved in different ways.

Nevertheless, the troubled aftermath of the Second World War, the unchecked rise of violence and poverty in recent decades and the resulting need for improved protection of the ever-growing number of victims of violations of fundamental human rights have all contributed not only to the evolution of the two branches of law but also to their convergence, like “two poor crutches on which disarmed victims can lean simultaneously”, to quote an expressive image by Karel Vasak. This expert went so far as to estimate in 1984 that “the convergence of the two branches has led to an overlapping both on paper and, increasingly, in practice as well”.
International Humanitarian Law and Arms Control
Authors: Frei Daniel
Published: January 2010

For almost two decades, the International Red Cross Movement has been engaged in a continuing process of self-examination regarding its contribution to peace and disarmament. At the same time, public attention is being focused on, and sometimes even captivated by, various bilateral and multilateral efforts to achieve progress in nuclear and non-nuclear arms control in fields such as the reduction of strategic and intermediate-range nuclear weapons, nuclear and chemical weapon-free zones, confidence- and security-building measures, and so on. The two lines of action are usually dealt with individually without proper consideration of the manifold interconnections existing between them. Only recently have efforts been made to clarify the relationship between the two. The purpose of this article is to bring them together and to do so by asking the question:To what extent can the effort to promote and implement international humanitarian law be seen as a contribution in terms of arms control?
How the International Committee of the Red Cross Helps to Combat torture: ICRC visits to persons deprived of their freedom in situations of internal disturbances and tension: aims and methods
Authors: Amar Francis , Gasser Hans-Peter
Published: January 2010

The International Committee of the Red Cross welcomes all attempts to strengthen the protection against torture of persons deprived of their freedom. It therefore welcomes the adoption of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, which should enable an effective system of control to be established for the prevention and elimination of such inhuman practices in the member countries of the Council of Europe that may have ratified the Convention.
The role of Gustave Moynier in the founding of the Institute of International Law (1873) — The War in the Balkans (1857–1878) The Manual of the Laws of War (1880)
Authors: Durand André
Published: January 2010

The Franco-Prussian War of 1870 had shown just how difficult it was to ensure respect for international law during actual fighting. Mutual accusations of violations of the Geneva Convention, or more generally of the customary laws of war, showed that neither the scope of humanitarian law nor the dissemination of its principles had been sufficient to avert excesses by the combatants. The protection of medical services and of the wounded should remain independent of the conduct of hostilities. But violations of the law of war, whether real or imagined, inevitably undermine the implementation of the Convention. Public opinion (quickly aroused), the press (always keen on shoring up the spirit of resistance), and governments themselves never miss an opportunity to highlight or exaggerate criminal acts committed by the adversary and to make a blanket condemnation of all enemy combatants.
The promotion of peace and humanity in the twenty-first century — What role for the Red Cross and the Red Crescent?
Authors: Moreillon Jacques
Published: January 2010

Dealing with a question of this breadth may seem an impossible task. Furthermore, it would certainly not be intelligent to claim to have found the solution to the problem of peace and humanity. The first mark of intelligence is precisely knowing one's limits, and it is clear that we can only try to guess at potential answers to such a vast question; to do this we would need to look at the past so as better to understand the future.
Landmines and measures to eliminate them
Authors: Williams Jody
Published: January 2010

Concern about the effects of certain conventional weapons, particularly landmines, is not new. Had that concern been lacking, the 1980 Convention on Conventional Weapons (CCW) would not have been formulated. Nor would some of the earlier studies on the issue by UN bodies have been written. What is new is a heightened interest in the problems caused by landmines, particularly in post-conflict settings. Several factors have contributed to the increased recognition that even though the CCW is in place, it has not addressed the ever-worsening situation on the ground. (The United States army estimates that 400 million landmines have been sown since the beginning of the Second World War, including at least 65 million in the last 15 years.)
The Swiss draft Protocol on Small-Calibre Weapon Systems — Bringing the dumdum ban (1899) up to date
Authors: Prokosch Eric
Published: January 2010

In August 1994, at the third session of the group of governmental experts to prepare the 1995 Review Conference of the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, Switzerland introduced a proposal for a new protocol to the Convention. The Swiss draft Protocol on Small-Calibre Weapon Systems would prohibit the use of small-calibre arms and ammunition which, at ranges of 25 metres or more, transfer more than 20 Joules of energy per centimetre to the human tissues during the first 15 centimetres of passage in the body.
The composition of the International Committee of the Red Cross
Authors: Bugnion François
Published: January 2010

“I Know of no part of jurisprudence or of the humanities to which the institution calling itself the Geneva Committee can be connected”, declared the renowned Russian jurist Fiodor Fiodorovitch de Martens, legal adviser to the Imperial Russian Government, at the Fourth International Conference of Red Cross Societies held in Karlsruhe in September 1887.

No wonder he was puzzled, for although the International Committee is an international institution by reason of its activities and duties, its composition is still that of a private association under Swiss law.
The taking of hostages and international humanitarian law
Authors: Burgos Hernán Salinas
Published: January 2010

It is generally acknowledged by the international community that the taking of hostages is one of the most vile and reprehensible of acts. This crime violates fundamental individual rights—the right to life, to liberty and to security—that are protected by binding legal instruments such as the 1966 International Covenant on Civil and Political Rights on the worldwide level, and the 1969 American Convention on Human Rights and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms on the regional level. The United Nations General Assembly has stated that the taking of hostages is an act which places innocent human lives in danger and violates human dignity.
Danish Red Cross: Views on multilateral and bilateral relations in development within the Red Cross
Authors: Mikkelsen Troels
Published: January 2010

According to the Strategy for the Development of National Societies in the Eighties, adopted at the International Conference of the Red Cross in Manila in 1981, development is “the process of strengthening the capacity of National Societies to provide Red Cross services based on national resources. It is thus concerned with both the development of National Societies' operational structures and with the development of the services they provide.”
International Committee of the Red Cross: Development of National Societies and co-operation: The ICRC contribution, 1981-1987
Authors: Egger Jeanne
Published: January 2010

Henry Dunant's prediction falls short of the terrible reality of 125 years later. Weapons of destruction are infinitely sophisticated, armed clashes are more lethal than ever but paradoxically none the shorter. Every new conflict makes clear the deliberate intention to do away with any distinction between combatants and non-combatants and, worse still, to take the civilian population as a target.
International Committee of the Red Cross: Developing National Societies: An ongoing challenge
Authors: Sandoz Yves
Published: January 2010

Let's face it: a world of peace and justice, devoid of violence and misery, is not around the corner.

Stating this unhappy reality is not meant to discourage those of goodwill who keep the International Red Cross and Red Crescent Movement going. Rather, it is to stress just how important it is in humanitarian endeavour to bring our forces into concert so that we can all pull together. The best use possible must be made of every individual, every penny, if we are going to make headway in this unequal struggle in which we are engaged to assist the victims of war, natural disaster and poverty. Rivalry is all the more shocking when it arises in the area of humanitarian aid as the needs are so enormous and there is more than enough room for everyone. But everyone must find his proper place in the joint effort; effectiveness is impossible without good co-ordination.
International Committee of the Red Cross: Co-operation between the Central Tracing Agency of the International Committee of the Red Cross and National Red Cross and Red Crescent Society Tracing Services
Authors: Vecsey Nicolas
Published: January 2010

The Central Tracing Agency (CTA) exists to clear away such doubt, and to do so it has fixed as its four main tasks:

1. to obtain, register, process and pass on all information that can identify persons whose case has been taken up by the ICRC;

2. to ensure exchanges of family correspondence where normal communications are interrupted;

3. to trace persons whose relatives have no news of them or who have been reported missing;

4. to organize the reuniting of families, transfers of persons and repatriations.
Henry Dunant Institute: From disaster relief to development
Authors: Hagman Gunnar
Published: January 2010

The links between disasters and development have been extensively discussed in recent years among international organizations. It was primarily the African famine during the first half of the 1980s that initiated this discussion. Famine was no longer perceived as the inevitable consequence of drought. Instead, many saw the African disaster as the symptom of serious development failures. Had there been better foresight in earlier development, stronger efforts to reduce vulnerability in the populations, and a better preparedness to meet the crisis, it was observed, the devastating effects of the drought could have been prevented. Eventually, a similar perception began to embrace most disasters affecting developing countries. It led to the conclusion that disaster prevention, and the reduction of human vulnerability in particular, must be among the primary goals of development.
Recognition of the Red Cross of Chad
Authors: Sommaruga Cornelio
Published: January 2010

We have the honour to inform you of the official recognition of the Red Cross of Chad by the International Committee of the Red Cross. This recognition, which took effect on 15 April 1988, brings to 146 the number of National Societies members of the International Red Cross and Red Crescent Movement.
Human rights as perceived by the founders of the Red Cross
Authors: Durand André
Published: January 2010

Red Cross doctrine and human rights doctrine have gradually converged, revealing spheres of activity and formal research common to both. It may be interesting to consider to what degree the idea of protection of human rights was present in the minds of the founders of the Red Cross, and how their original purposes were extended until they included some basic aspects of protection of the human individual.
From the Declaration of the Rights of Man and of the Citizen of 26 August 1789 to present-day international humanitarian law
Authors: Aubert Maurice
Published: January 2010

At first glance, the Declaration of the Rights of Man and of the Citizen has no connection with the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. The former laid the basis for human rights as we know them today and the latter marked the advent of international humanitarian law.
The red cross and red crescent emblems: what is at stake
Authors: Sandoz Yves
Published: January 2010

The emblems of the red cross and the red crescent are both the strength and the weakness of the Movement.

They are its strength because, being the visible and respected symbols of relief to war victims, over the past 125 years they have enabled the Movement to provide protection, assistance and human warmth to millions of wounded persons, prisoners, families and children during the most terrible conflicts mankind has ever known. They are the strength of our Movement because all over the world the image they convey is one of humanity and compassion.
The red cross and red crescent emblems
Authors: Bugnion François
Published: January 2010

In the first half of the nineteenth century in Europe, each army used a different colour to mark its medical services: Austria a white flag, France a red one, Spain yellow, others black. Sometimes, the emblems varied from one corps of troops to another. Moreover, the carts used to transport the wounded bore no particular markings to distinguish them from the other army service vehicles, and there was no means of identifying members of the medical corps at a distance.
The meaning of the word “humanitarian” in relation to the Fundamental Principles of the Red Cross and Red Crescent
Authors: Blondel Jeau-Luc
Published: January 2010

It has rightly been said that the International Red Cross and Red Crescent Movement does not stand for any specific philosophy or moral doctrine. Neither the fundamental principles nor international humanitarian law (IHL) provide a methodical interpretation of human nature or an inventory of the moral rights and obligations of the Movement's members. The Movement adheres to no particular ideology or political system. On the contrary, its universality enables it, with varying degrees of success, to adapt to or even influence various political regimes or tendencies in order to promote humanitarian aims. This ability can be attributed in particular to its respect for the principle of neutrality.
4. Communication and public at large: American Red Cross: Communication excellence and the public at large
Authors: Stingle Ann , Good Bud
Published: January 2010

Henry Dunant very clearly understood the value of good communications or he never would have written A Memory of Solferino—a book that moved the conscience of nations to action. In the United States, Clara Barton, founder of the American Red Cross, was also a communicator. Unlike many of her time, she maintained good rapport with the press because she recognized the value of timeliness, human interest and repetition. What she conveyed to the public was an image of consistency and devotion to humanitarian ideals.
Visibility of the distinctive emblem on medical establishments, units, and transports
Authors: Cauderay Gerald C.
Published: January 2010

The Geneva Conventions of 12 August 1949 provide that medical personnel and equipment shall in general be identified by the distinctive emblem of the red cross or red crescent. The Second Geneva Convention, applicable to the victims of conflict at sea, specifies that the exterior surfaces of hospital ships and smaller craft used for medical purposes shall be white and recommends that the parties to the conflict use “the most modern methods” to facilitate identification of medical transports at sea (Art. 43).
Captured child combatants
Authors: Dutli María Teresa
Published: January 2010

The forms of violence which are all too frequently encountered in armed conflicts today have given rise to an increase in the numbers of civilian victims, and particularly of children, who, an account of their special vulnerability, are the most seriously affected. The active participation of children in hostilities, too, is a disturbing factor – serious enough to justify the increasing attention the subject is receiving within the international community.
Images of humanitarian crises: Ethical implications
Authors: Holleufer Gilbert
Published: January 2010

With the long-heralded advent of the information age, the upheaval caused by the proliferation of visual technologies in a society dominated by the media is forcing the entire spectrum of what used to be called “the press” to redefine itself, to reassess its professional code of ethics and to devise new working methods. Only by examining the role played by images in the global flow of information—especially their relationship to the written word—can we fully grasp what is at stake. Our world view is increasingly shaped by the images, televised or in print, to which the public is constantly exposed. Indeed, so great is their power that one can say, along with many analysts, that they are beginning to replace reality: only what has been authenticated, certified and validated by being photographed or filmed and shown on television really exists. As these images bombard us from all sides, everything that has not been seen captured on film is reduced to oblivion. What makes the power of images so irresistible?

Images impart values. They attract or repel. They appeal to our imagination, play on our feelings and rouse us from our complacency: in other words, images stir our conscience because they purport to show us, in the raw, the unadorned, indisputable reality of things as they are. That is television's great ambition, that is its purpose; and that is what prompted Régis Debray to say that “television is fond of humanitarian stories since they are both human interest stories and moral tales”. Over the years, images of humanitarian action have invaded the media and fired people's imagination.
Dissemination in Bosnia and Herzegovina: Lessons learned
Authors: Farrell Norman
Published: January 2010

The International Committee of the Red Cross (ICRC) has been assisting the victims of the conflict in the former Yugoslavia since June 1991. Six years on, its delegates are still active in the region, addressing the lasting consequences of the conflict, but as the situation has evolved so has the nature of their work. This is particularly true of dissemination, which began as a concerted effort to promote greater understanding of international humanitarian law and the ICRC's role and mandate, but which has now been redirected towards meeting the needs of the post-conflict environment. This paper sets out to describe and analyse the development of dissemination in the present context. Though the ICRC's activities during the conflict were predominantly in Croatia and in Bosnia and Herzegovina, and there are similar dissemination initiatives in both these areas, this paper focuses on Bosnia and Herzegovina. Where relevant, reference may be made to dissemination activities in other parts of the former Yugoslavia.
Disseminating international humanitarian law in Colombia: Dissemination is everyone's job—a firsthand report by an ICRC delegate
Authors: Bigler Roland
Published: January 2010

At an ICRC seminar on training and information techniques a few years ago an instructor described the position of a dissemination delegate within an ICRC delegation, and hence of dissemination work in general, as follows:

“Within an ICRC delegation, the delegate responsible for disseminating international humanitarian law generally has his office at the end of a long corridor, right at the back between the office supplies cupboard and the toilets. But most of the time you won't find him there, as he (or she) is constantly out giving courses or suchlike, either at military installations or universities or among the National Red Cross Society's volunteers. And when you do find him for a short while in his office, he's fiddling around with scissors, paper and glue trying to put together a leaflet or a poster, or perhaps even a small brochure. His colleagues, the delegates dealing with the distribution of relief supplies, the tracing service or prison visits, smile indulgently when they see the dissemination delegate busy with work like that. They speak well of him because he regularly reads the International Review of the Red Cross and knows the ins and outs of international humanitarian law and ICRC policy; he is a good talker, so he always has to step in where armed protagonists in local conflict fail to observe the rules protecting the civilian population. He must often beware of being torn to pieces and is expected to be everywhere at once, because what he does, he alone can do. Many ICRC delegates admire the dissemination delegate; sometimes he gets called “the professor”, “the clown” or “the artist”. His work is a one-man show, and yet those delegates who distribute rice, visit prisoners or try to trace missing persons could not and would not want to do his job themselves.”
Promoting international humanitarian law in higher education and universities in the countries of the Commonwealth of Independent States
Authors: Hankins Stéphane
Published: January 2010

Any attempt to spread knowledge of international humanitarian law (the law of armed conflict) and its corresponding obligations among the military and political authorities of a country must be matched by an effort to introduce the subject into academic programmes, where the subject will be taught and studied in greater depth.

Today, international humanitarian law is a minor component of the academic curriculum at universities in the countries of the Commonwealth of Independent States (CIS), constituting only a small part of the public international law course offered at leading law faculties. Until very recently, although the relevant treaties and instruments of international humanitarian law existed in the Russian language, they were not readily available in libraries and were very seldom the subject of academic study and research.
Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977
Authors: Sommaruga Cornelio
Published: January 2010

Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).
The 1977 Protocols: a landmark in the development of international humanitarian law
Authors: Kosirnik René
Published: January 2010

By adopting on 8 June 1977 the two Protocols additional to the 1949 Conventions, the States meeting in Geneva brought to a successful conclusion four years of arduous negotiations. The Protocols took four years, the Conventions only four months. Why such a huge difference?

In 1949, once the initial period of instinctive rejection of anything related to war had passed, a natural consensus emerged regarding the main evils which needed to be banned by law. Besides, the delicate subject of the rules governing the conduct of hostilities — the law of The Hague, as it is called, also part of humanitarian law — was left out of the discussions. It was also a time when the political map of the world was fairly monolithic, in the sense that the North still dominated the South, and East-West tensions had not yet escalated.
Origin of the twin terms jus ad bellum/jus in bello
Authors: Kolb Robert
Published: January 2010

The august solemnity of Latin confers on the terms jus ad helium and jus in bello the misleading appearance of being centuries old. In fact, these expressions were only coined at the time of the League of Nations and were rarely used in doctrine or practice until after the Second World War, in the late 1940s to be precise. This article seeks to chart their emergence.
Action taken by the International Committee of the Red Cross in situations of internal violence
Authors: Harroff-Tavel Marion
Published: January 2010

For some decades now, the International Committee of the Red Cross (ICRC) has periodically undertaken the difficult task of reassessing its policy in respect of situations of internal violence. Since 1872, when it made its first offer of services to the parties to a non-international armed conflict, and 1918, when it carried out its first visit to security detainees, the ICRC has accumulated a wealth of experience. During that time it has gradually extended its mandate to cover situations in which human suffering called for action on its part which it would not have contemplated a few years previously.
Josephine Butler, “The Great Feminist”
Authors: Peacey Belinda
Published: January 2010

International Review commemorated the twentieth anniversary of the adoption of the Universal Declaration of Human Rights by publishing various articles concerning the Red Cross and the rights of man. It might also be appropriate to recall here that another text, inspired by the same ideal as the Universal Declaration, was proclaimed by the international community: the “Declaration on the Elimination of Discrimination against Women” adopted unanimously on November 7, 1967 by the U.N. General Assembly.
The International Committee of the Red Cross in the international community
Authors: Durand André
Published: January 2010

When one examines the origins and development of the Red Cross, one cannot fail to be struck by the contrast between the modest circumstances surrounding its creation, in 1863, by five men of good will, members of the Société genevoise d'utilité publique, and the worldwide dimension it has since then acquired. Today, the Red Cross is represented in 130 countries, and there are few people who have not at one time or another availed themselves of its services, either perhaps under dramatic circumstances during a conflict or a natural disaster, or simply in the more familiar areas of social welfare and blood collection.
State of Emergency and Humanitarian Law — On Article 75 of Additional Protocol I
Authors: Herczegh Géza
Published: January 2010

In a rich and abundant literature on the subject of international humanitarian law, two trends in the interpretation of the term “humanitarian law” stand out: one takes it in its broad meaning, the other in a narrow sense. According to the definition by Jean S. Pictet, humanitarian law, in the broad interpretation, is constituted by all the international legal provisions, whether written or customary, ensuring respect for the individual and the development of his life. Humanitarian law includes two branches: the law of war and human rights. The law of war, still following Professor Pictet's definition, can be subdivided into two sections, that of The Hague, or the law of war, in the strict sense, and that of Geneva, or humanitarian law, in the narrow sense. It is often difficult to distinguish clearly between these branches of law, and especially between the law of The Hague and the law of Geneva, because of the reciprocal influence each has had on the development of the other, to the extent that some well-known experts considered the traditional difference between them out-of-date and superfluous.
International criminal jurisdiction, international humanitarian law and humanitarian action
Authors: Stroun Jacques
Published: January 2010

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.
Jurisdiction of the ad hoc Tribunals for the former Yugoslavia and Rwanda over crimes against humanity and genocide
Authors: Roberge Marie-Claude
Published: January 2010

The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were established on 11 February 1993 and 8 November 1994 respectively by the Security Council to prosecute persons responsible for flagrant violations of international humanitarian law. The aim of the Security Council was to put an end to such violations and to contribute to the restoration and maintenance of peace, and the establishment of the ad hoc tribunals undoubtedly represents a major step in that direction. Moreover, it sends a clear signal to the perpetrators and to the victims that such conduct will not be tolerated.
The Rwanda Tribunal: A presentation of some legal aspects
Authors: Harhoff Frederik
Published: January 2010

If we look back to the diverse origins of the laws of warfare, one basic question which seems to have occupied the early lawmakers was: why, in fact, should there be legal limitations to belligerent actions aimed at destroying a foreign foe? At first glance, any such constraints would appear to be contrary to the very purpose of warfare and thus of no value to those who were either forced to resist an armed attack or who themselves wished to wage war against an enemy.
Rwanda's national criminal courts and the International Tribunal
Authors: Dubois Olivier
Published: January 2010

Questions inevitably arise about the concurrent competence and complementary nature of an international tribunal and national courts, and about cooperation between them. Those questions may well apply to any State on earth because, by virtue of the principle of universal competence, many crimes which international tribunals are competent to try may also be tried by any State irrespective of the place where they are committed or the nationality of the perpetrator.
Twelfth Distribution of Revenue from the Augusta Fund
Authors: Gonard Samuel A.
Published: January 2010

On May 1, 1967, the International Committee of the Red Cross issued a circular (No. 466) inviting National Societies to lodge, by November 1, 1967, at the latest, their applications for allocations from the twelfth distribution of Augusta Fund revenue.
Implementation of international humanitarian law - National measures: Information received by the International Committee of the Red Cross on implementation measures taken by the States at the national level
Authors: Dutli María Teresa
Published: January 2010

The importance of adopting national measures to implement international humanitarian law has been stressed on many occasions. It was repeated in the Final Declaration of the International Conference for the Protection of War Victims (Geneva, 30 August–1 September 1993), which reaffirmed the obligation laid down in Article 1 common to the four Geneva Conventions to respect and ensure respect for international humanitarian law in order to protect the victims of war. The Declaration urged all States to make every effort to “adopt and implement, at the national level, all appropriate regulations, laws and measures to ensure respect for international humanitarian law applicable in the event of armed conflict and to punish violations thereof”. The Conference thus reasserted the need to bring about more effective compliance with that law.
75th anniversary of the International Federation of Red Cross and Red Crescent Societies
Authors: Lander Mario Villarroel
Published: January 2010

This year, the International Federation of Red Cross and Red Crescent Societies has celebrated an important anniversary. Seventy-five years ago, five men from five different Societies — American, British, French, Italian and Japanese — sat together to forge a union of Societies around the world, a global consortium united in its quest to serve humanity. Decades later, with a membership of 162 National Red Cross and Red Crescent Societies, a total of 124 million individual members and 250,000 employees, the Federation has marked 75 years of response to the suffering of humankind. Now some changes are in order to help us meet our humanitarian goals. Yet our mission, governed by the fundamental principle of humanity, the cornerstone of the International Red Cross and Red Crescent Movement, remains constant.
The poorest of the poor, partners for a more equitable society
Authors: De Muylder Régis
Published: January 2010

During the century now nearing its end, the human race has undoubtedly fostered the notions of peace, solidarity and human rights. For this purpose, it has established bodies transcending national borders and creating awareness that everyone is a citizen of the world. Paradoxically, this century has also attained extremes of violence and horror. Yet the paradox is only apparent, since the awareness came about precisely because conflicts grew to world proportions.
Signalling and Identification of Medical Personnel and Material
Authors: de Mulinen Frédéric
Published: January 2010

At its second session, which it held in Geneva in May 1972, the Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Commission I) prepared draft articles on medical air transport and an annex relating to their signalling and identification, which were to be embodied in a future legal instrument. The Commission also recommended that a closer study be made of medical transport at sea and on land. If these suggestions were to lead to a draft instrument, it would be imperative to have a general plan which, in the case of signalling, would extend to all medical personnel and material, whether civilian or military.
Memorandum - Implementation and Dissemination of the Geneva Conventions of 1949
Authors: Naville Marcel A.
Published: January 2010

The XXth International Conference of the Red Cross, meeting in Vienna in October 1965, in its XXIst Resolution, entitled “Implementation and Dissemination of the Geneva Conventions”, expressed the wish that Governments and National Societies submit periodic reports to the International Committee of the Red Cross on the steps taken by them in that sphere.
Henry Dunant and Rudolf Müller
Authors: Müller Manfred
Published: January 2010

A hundred years after the founding of the Red Cross, several more or less recent biographies, in German, which are based on records, some of them newly discovered, tell us about the men who faithfully assisted Henry Dunant in his more difficult hours. Among the earlier writings about Dunant we find the name of Rudolf Müller, a Stuttgart secondary school teacher, in connection with the few documents available at that time, although they contain no indication of the extent to which Müller's effective activity influenced Dunant's later life.
The Prohibition of Torture
Authors: Coursier Henri
Published: January 2010

Torture is so odious a form of outrage in relation to the individual as to be inconceivable except in connection with (alleged) claims of the community, e.g. in the case of judicial torture, to which resort is had in order to prove or to prevent crime. Judicial torture is a form of penal proceedings. It is open to question both on ethical grounds and in regard to its efficacity.
The protection of prisoners of war against insults and public curiosity
Authors: Risius Gordon , Meyer Michael A.
Published: January 2010

International humanitarian law governing the treatment of prisoners of war is designed to protect almost every aspect of human welfare, in order to minimise as far as possible the adverse effects of captivity. As noted by the International Military Tribunal at Nuremberg.
Observer status for the International Committee of the Red Cross at the United Nations — A legal viewpoint
Authors: Koenig Christian
Published: January 2010

In many respects, observer status for the ICRC will place the practical co-operation that already existed between the institution and the United Nations on a stronger legal basis. It will also spare the ICRC the considerable drain on its resources that was necessary, when it had only consultative status, to bring its pragmatic inter arma caritas proposals before the United Nations.
Measures available to States for fulfilling their obligation to ensure respect for international humanitarian law
Authors: Palwankar Umesh
Published: January 2010

The present study deals with one specific aspect of the whole issue of finding ways and means of improving respect for international humanitarian law, namely, implementation of the obligation, as contained in Article 1 common to the Geneva Conventions of 1949 and to their Additional Protocol I of 1977, to ensure respect for this law. It is based upon the premise that the interpretation of common Article 1, whereby the obligation to ensure respect for international humanitarian law implies that every High Contracting Party ought to take action with regard to any other High Contracting Party which does not respect this law, is uncontested. The study therefore does not discuss this issue, but rather identifies and briefly comments upon the various types of measures available to States in order to fulfil their obligation to ensure respect. The examples given for the various measures are merely illustrative and ought by no means to be considered as a judgement by the author regarding their justification in the light of the circumstances under which they were adopted.
The historical foundations of humanitarian action
Authors: Guillermand Jean
Published: January 2010

After nearly 130 years of existence, the International Red Cross and Red Crescent Movement continues to play a unique and important role in the field of human relations.

Its origin may be traced to the impression made on Henry Dunant, a chance witness at the scene, by the disastrous lack of medical care at the battle of Solferino in 1859 and the compassionate response aroused in the people of Lombardy by the plight of the wounded. The Movement has since gained importance and expanded to such a degree that it is now an irreplaceable institution made up of dedicated people all over the world.
Remembering Hiroshima
Authors: Bugnion François
Published: January 2010

The seventh largest city in Japan by population size, located on the mouth of the Ota River, whose muddy waters pour into the Inland Sea, Hiroshima had been almost spared by the bombing until the summer of 1945.

At dawn on 6 August 1945, four reconnaissance planes flew over the city and disappeared again without dropping any bombs. At 7:31 the sirens signaled the end of the alert. The inhabitants left their shelters and went about their business.
ICRC neutrality and neutrality in humanitarian assistance
Authors: Plattner Denise
Published: January 2010

The terms “neutral” and “humanitarian” crop up frequently in the vocabulary of international relations, thus demonstrating the credence placed in the attributes of neutrality and everything to which the word “humanitarian” can apply.
Follow-up to the International Conference for the Protection of War Victims (1993) — Guidelines for Military Manuals and Instructions on the Protection of the Environment in Times of Armed Conflict
Authors: Gasser Hans-Peter
Published: January 2010

Resolution 1 adopted by the 26th International Conference of the Red Cross and Red Crescent (Geneva, 1995) endorsed the recommendations drawn up by an intergovernmental group of experts charged with translating the Final Declaration of the International Conference for the Protection of War Victims (Geneva, August/September 1993) into proposals for “concrete and effective measures”. These recommendations are addressed primarily to the States party to the Geneva Conventions, including the depositary of those instruments. However, the ICRC, the International Federation of Red Cross and Red Crescent Societies and the National Red Cross and Red Crescent Societies are also urged to contribute to the effort of achieving better implementation of international humanitarian law, the main objective being to prevent violations from occurring.
International humanitarian law and the Advisory Opinion of the International Court of Justice on the legality of the threat or use of nuclear weapons
Authors: Doswald-Beck Louise
Published: January 2010

The Advisory Opinion of the International Court of Justice represents the first time that the Court's judges have been called upon to analyse in some detail rules of international humanitarian law. Other instances, for example, theNicaraguacase, involved nowhere near such an extensive analysis. The Advisory Opinion is therefore of particular interest in that it contains important findings on the customary nature of a number of humanitarian law rules and interesting pronouncements on the interpretation of these rules and their relationship with other rules. Most judges based their final decision on the legality of the threat or use of nuclear weapons on teleological interpretations of the law, choosing either the right of self-defence as being the most fundamental value, or the survival of civilization and the planet as a whole as paramount. Unfortunately, space does not permit a comment on these highly important analyses of the underpinnings of humanitarian law and its purpose in the international order. Therefore, rather than focusing primarily on the Court's conclusion as to the legality of the threat or use of nuclear weapons, this short comment will concentrate on the various pronouncements made on humanitarian law rules. Reference to the Court's finding on the legality of the use of nuclear weapons will only be made from the point of view of how it has contributed to the interpretation of those rules. For this purpose, reference will be made not only to the Advisory Opinion as such (hereafter referred to as the “Opinion”), but also to the various Separate and Dissenting Opinions.
The Advisory Opinion on nuclear weapons and the contribution of the International Court to international humanitarian law
Authors: Greenwood Christopher
Published: January 2010

The request by the United Nations General Assembly, in resolution 49/75 K (1994), that the International Court give an advisory opinion on the question “Is the threat or use of nuclear weapons in any circumstance permitted under international law?” gave the Court an unusual opportunity to consider the principles of international humanitarian law. It is an opportunity which the Court might well have preferred to do without. The question was not well framed and the reasons for asking it were wholly unsatisfactory. In particular, the necessarily abstract nature of the question placed the Court in an exceptionally difficult position, because it could not possibly consider all the combinations of circumstances in which nuclear weapons might be used or their use threatened. Yet unless one takes the position that the use of nuclear weapons is always lawful (which is obvious nonsense), falls wholly outside the law (which no State suggested) or is always unlawful (a view which has had some supporters but which the majority of the Court quite rightly rejected), then the answer to the General Assembly's question would have to depend upon a careful examination of those circumstances.
Anon liqueton nuclear weapons — The ICJ avoids the application of general principles of international humanitarian law
Authors: McCormack Timothy L.H.
Published: January 2010

The Advisory Opinion delivered by the International Court of Justice (ICJ) on the legality of the Threat or Use of Nuclear Weapons was a somewhat disappointing if not entirely unexpected decision. After the final paragraph, which constitutes thedispositif, all fourteen judges appended either personal declarations, separate opinions or dissenting opinions to indicate the extent to which they agreed or disagreed with specific findings and particular aspects of the reasoning behind the Opinion.
Advisory Opinion of the International Court of Justice on the legality of the use of nuclear weapons under international law — A few thoughts on its strengths and weaknesses
Authors: Mohr Manfred
Published: January 2010

On 8 July 1996, the International Court of Justice finally rendered its Advisory Opinion on the legality of the threat or use of nuclear weapons. The procedure had been dragging on since the start of the public sittings on 30 October 1995. Several deadlines set by the Court for reaching a decision came and went, ultimately giving rise to the fear that there would be no decisive majority to affirm the basic unlawfulness of the use of nuclear weapons. This would have been a bitter setback for the initiators of the Advisory Opinion proceeding and for the development of international law.