Before delving into the historical background of the international humanitarian law (IHL), it is imperative to have a glimpse of the meaning of the concept of ‘international humanitarian law’ and its objectives. The Black’s Law Dictionary describes the international humanitarian law as the law dealing with such matters as the permissible use of weapons and other means of warfare, the treatment of prisoners of war and civilian population in armed conflicts, and generally the direct impact of war on human life and liberty.
The objectives of international humanitarian law includes:
1. The protection of persons who were not or are no longer directly engage in hostility, (hors de combatant) such as the wounded, shipwrecked, prisoners of war and civilians.
2. Generally, to moderate the devastating effects of armed conflict.
3. To strike a balance between the attainment of the objects of armed conflict and the considerations of humanity.
The historical evolution of the modern international humanitarian law (IHL) is repleted with segmented events that happened at different epoch. Prior to the 19th century, efforts had been made to protect individuals from the devastating effects of war. Interestingly, it was until the second half of the 19th century that international treaties regulating warfare including rights and protection for victims of armed conflicts, emerged. Two men, Guillaume Henri Dufour - a Swiss army officer, and Henry Dunant a Swiss businessman are the recognised architects of the modern international humanitarian law.
The seminal conversation between the two men brought about an idea on the need for effective legal frameworks on the protection of certain individuals and permissible conduct in war. During the course of their conversation, Henri Dufour being a Swiss army officer boosted of the glorious events of war; how gratifying it was to witness casualties and countless number of lives being wasted away in war. However, in the opinion of Henry Dunant, the Swiss Businessman, it would be a good idea to use the meeting of army officers of different nations to discuss on the right conduct in war. This would birth a convention which would be inviolate and agreed upon by the army officers in the course of war. The conversation between these two men was seen as a seminal and pivotal movement in the development of modern international Humanitarian law.
In 1859, Henry Dunant, the Swiss businessman while on his way to Italy, he witnessed the Battle of Solferino in which countless people were killed and many destruction were recorded. Having witnessed this war, he was moved to recount his experience in writing. He wrote a book entitled, ‘Memory of Solferino’ which was published in1862. His friend, Henri Dufuor being an army officer supported him. Dunant conceived the idea of establishing a group solely meant for the relief of the militarily wounded on the battle field. The combined effort of the two men resulted in the birth of the first Geneva Convention of 1864.
With the passage of time, three persons joined the two men in their movement. They were Gustave Moynier, Louis Appia and Theodore Maunoir. They formed a group known as the ‘Committee of Five’ This group was later known as the ‘International Committee for the Relief of the Militarily Wounded’ in 1863. Later, this was metamorphosed to the ‘International Committee of the Red Cross’ (ICRC) in 1878. The ICRC is the foremost humanitarian movement and the watchdog of the international humanitarian law.
Owing to the pressure from the five founding members of the ICRC, the Swiss Government called for a diplomatic congress in 1864 to discuss on the rules and conduct to be observed in war. In 1864 at Geneva the first Geneva convention was called and 16 countries attended the convention. At the end, 12 countries signed and and adopted the first Geneva convention ‘Convention on the Amelioration of the Condition of the Wounded Armies in the Field’ on 22 August 1864. This marked the birth of the modern international humanitarian law.
However, it is pertinent to state that the first Geneva Convention of 1864 was not the first law on war as there was the Lieber Code of 1863. This code did not enjoy universal application as it was limited to only soldiers fighting for the Union during the American Civil War.
The first Geneva Convention signified a milestone achievement in the development of international humanitarian law. It establishes the rules for protecting wounded soldiers and medical personnel during wartime. The Convention, which was a multilateral treaty, codified and strengthened ancient, fragmentary and scattered laws and customs of war protecting wounded and sick combatants and those caring for them.
The first Geneva Convention of 1864 was characterised by:
1. Multilateral in nature as it is open to all countries
2. It is the first universal codified rules on the conduct of war
3. It is not discriminatory in the sense that it is made to protect the combatants of the belligerent states
4. Respect for and marking of medical personnel, transport and equipment using an emblem (a red cross on white background).
As a result of the lapses observed from the first Geneva Convention 1864, there arose a need for another convention. In 1886 at Geneva 35 countries converged to discuss on the development of the first Geneva Convention which had only 10 articles. At the Convention, 35 Articles were added to the first Geneva Convention which further provided for the passage of information between the hostile states in respect of the wounded prisoners of war . These information provisions evolved into today’s Central Prisoners of War Information Agency, and the Central Information Agency for Protected Persons (see the 1949 Geneva Convention III, article 123 and Geneva Convention IV, article 140, respectively). The Agencies are further improvements on the provision of article 14 of the 1907 Hague Regulation IV which provides that: ‘An inquiry office for prisoners of war is instituted … to reply to all inquiries about the prisoners….’ They collect information on prisoners of war and protected persons and transmit it to their states of origin or residence, informing not only the state but the families, of the status and whereabouts of loved ones held by the opposing side.
Between 1914-1918, the horrific and horrendous first Wold War occurred which resulted in the loss of lives and properties of millions of lives and properties. Partially, the cause of the war could be attributed to the omission of the prohibition of the use of force in the Geneva Convention 1864. At the end of the war in 1918, delegates from several countries of the world gathered together at Versailles in France, there the Treaty of Versailles was adopted on 28 June 1919. This was done in order to forestall the recurrence of the first world war casualties. However, there were loopholes in the treaty. The Treaty did not outlaw the use of force. The provision mandating nations to first explore pacific means of settlement of disputes in ways similar to arbitration (quite similar to the provision of The Hague Convention II which forbade war against a debtor state on the condition that it would submit itself to an arbitrational settlement) with a three month window for the delict state to make amends. If after the three months, the situation remains, then the delict state becomes the enemy of the entire League.
The 1928 period witnessed the emergence of a pact called the Brain Kellog Pact 1928 which enjoined all parties states to abstain from the use of force and to adopt pacific means of settlement of dispute which is similar to arbitration.
Between 1939-1945, the Second World War occurred which led to severe casualties and destruction of lives and properties. Critics attributed the cause of the first and second world wars to the volatile nature of the of the human rights which made it prone to gross abuse and violation at the material time.
After the end of the second world war in 1945, the world leaders converged at New York to establish a peaceful world organization called United Nations. Pursuant to the Preamble of the United Nations Charter, the United Nations is formed primarily to save succeeding generations from war and to recognise and respect the fundamental rights of every human . During this moment there was a significant shift towards the universal recognition and protection of the rights of humans. In 1948, December 10, the Universal Declaration of Human Rights was massively adopted by every nation. This was also done to forestall a recurrence of another horrendous war.
Furthermore, in a bid to eradicate threat or use of force in the international system, Article 2(4) of the United Nations Charter provides that every state is to refrain from the threat or use of force in relation with other states. However, Article 51 of the Charter provides for an exception in respect to the right of self defence of a state subject to the approval of the Security Council.
Owing to the unattainable task of complete eradication of armed conflict therefore, there is a need for a more wholesome rules in the interest of humanity whenever war happens. This brought about other diplomatic conference in Geneva in 1994 that gave birth to the four Geneva Conventions in a row, namely:
1. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
2. Geneva Convention for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea;
3. Geneva Convention for the Treatment of Prisoners of War;
and
4. Geneva Convention for the Protection of Civilian Persons in Time of War.
Since the enactment of the above treaties there has been several treaties, which have helped, directly or indirectly in the development and the shaping of international humanitarian law.
In conclusion, the development of the modern international humanitarian law is divided into several epochs which are influenced by several incidents. The work of Henry Dunant, the Swiss businessman along with the other founding members of the ICRC cannot be underestimated in the development of the legal frameworks on the rule of war. This has contributed to the development of the modern international humanitarian law. Also, this legacy birthed the establishment of the International Committee of the Red Cross (ICRC) which is an uber-vibrant organisation in the international humanitarian law.
.jpeg)
0 comments:
Post a Comment