International Humanitarian Law

IHL History

Wrong if we say that the establishment of the Red Cross in the year 1863 or the adoption of the first Geneva Convention of 1864 marks the birth of humanitarian law as we know today. As no single people who do not have a set of rules, so there never was a war that has no clear rules or vague that regulate the beginning and end of hostilities, as well as how the war was conducted.

IHL has since before terintis Movement stood. At first there was no written rules on customs governing armed conflict. Then bilateral treaties (cartels) that Detail different rules, gradually came into effect. The parties to a conflict sometimes ratified after the hostilities ended. There are also regulations issued by the state to his troops (see "Lieber Code"). Laws that have limited time to time and place, because it only applies to one battle or specific conflict. The rule also vary, depending on the time, place, morality and civility.

From the very beginning of the war until the emergence of contemporary humanitarian law, more than 500 cartel, the rules of action (Code of Conduct), agreements and other writings that are designed to regulate the conflict has been recorded. This includes Lieber Code, which came into force in April 1863 and has significant value because it marks the first attempt to codify the laws and customs of war existing. However, unlike the Geneva Kovensi formed a year after that, Lieber Code does not have the status of treaties as a means because it is only applicable to the Union soldiers who fought during the Civil War.

There were two men play an important role in the formation of the next IHL, the Henry Dunant and Guillaume-Henri Dufour. Dunant formulated the idea in memory of Solferino (A Memory of Solferino), published in 1862. Based on his experiences in the war, General Dufour without wasting time donating his moral support, one to lead the Diplomatic Conference in 1864.

To the proposal from the five founding members of the ICRC, the Swiss Government held a Diplomatic Conference in 1864, which was attended by 16 countries that adopted the Geneva Convention for the improvement of wound condition and pain in the armed forces on the battlefield land.

Definition

International humanitarian law forms a large part of Public and International Law consists of rules that protect people who do not or no longer involved in the dispute and limit the tools and how to fight in the armed conflict.

More precisely, the ICRC is a humanitarian law applicable during armed conflict is all the provisions of international treaties and customs which intends to overcome the humanitarian problems arising during an international armed conflict and non-international law limits on the basis of humanitarian , the rights of the parties involved in the conflict to choose methods and means of warfare, as well as provide protection to people who become victims and properties affected by armed conflict.

Combatants should attack only military targets, must respect non-combatants and civilian objects and to avoid excessive use of force. Terms of international humanitarian law, humanitarian law, law of armed conflict and the law of war can be said the same understanding. International organizations, universities and even countries tend to use the term international humanitarian law (or humanitarian law), while the term armed conflict law and common law of war used by the armed forces. Indonesian Red Cross itself uses the term international humanitarian law.

Law of Geneva and Hague Law

International humanitarian law (IHL) - also known as the law of armed conflict or the laws of war - has two separate branches:

1. Law Geneva, or humanitarian law, the law that established to protect military personnel who no longer engage in wars and those who are not actively involved in the dispute, especially the civilian population;
2. The Hague Law, or the law of war, is a law which determines rights and obligations of the parties in carrying out military operations and limit the way the attack.

Both branches of the IHL is not completely separate, because the effect of some rules in the Hague law is to protect victims of conflict, while the effect of a Geneva law is to limit the actions taken by the parties in the war. By adopting the 1977 Additional Protocol to combine the two branches of the IHL, the above distinction has now only historical and educational value.

Principle

Humanitarian law is based on the principle of distinction between combatants and non-combatants and between civilian objects and military objects. The principle of necessity or humanitarian and military interests, the need to maintain a balance between the interests of humanity on the one hand with the military and security needs on the other. The principle of prevention of unnecessary suffering (suffering unecessary), namely the right parties to choose ways and means of war is not unlimited, and the parties are not allowed to cause suffering and destruction is beyond the limit and not commensurate with the purpose to be achieved, namely to weaken or destroy the opponent's military potential. The principle of proportionality, trying to maintain a balance between two different interests, the interests of the consideration of military needs, and the other based on the demands of humanity, if the right or restriction is not absolute.

Basic Rules

The ICRC has formulated the seven rules that cover the core of international perikemanusian law. These rules have no legal force as a tool of international law and is not intended to replace the treaties in force.

1. People who do not or can no longer take part in the dispute should have respect for life, the integrity of self-esteem and physical. In each condition, they must dilidungi and treated humanely, without any distinction based on.
2. Forbidden to kill or injure an opponent who surrender or who can no longer take part in the battle.
3. The wounded and sick must be collected and treated by the warring parties that control them. Medical personnel, medical facilities, medical transportation and medical equipment must be protected. Red cross emblem or the red crescent on a white base is a sign of protection of personnel and objects mentioned above, and must be respected.
4. Combatants and civilians who are under the control of the other party is entitled to respect for life, dignity, personal rights, political belief, religion and other beliefs. They must be protected from all forms of violence or revenge. They are entitled to communicate with their families and are eligible to receive assistance.
5. Everyone is entitled to judicial guarantees and no one can be sued for liable for an act that did not commit. No one can be targets of physical or mental abuse or corporal punishment is cruel or degrading treatment options.
6. None of the conflict nor members of its armed forces have an unlimited right to choose methods and means of war. Forbidden to use the tools and how to fight a potential cause of suffering and unnecessary loss.
7. Parties in conflict must always distinguish between civilians and combatants in order to protect civilians and their property. Civilian population, in whole or individual must not be attacked. The assault only be done solely to military objects.

Geneva Conventions

1864 Geneva Convention laid the foundations for the modern humanitarian law. The main characters are:

• written rules that have international reach to protect victims of conflict;
• multilateral nature, open to all countries;
• there is an obligation to perform maintenance without any discrimination to the wounded military personnel and the sick;
• respect and giving the signal to the medical personnel, transport and equipment using an emblem (red cross on a white base).

Beginning with the first Geneva Convention in 1864, developed the modern humanitarian law in various stages, often after an incident in which the convention required, to meet the needs for humanitarian assistance continues to grow as a result of developments in weapons and the types of disputes.

World War I (1914-1918) witnessed the use of means of war, (if you can not just say) done on a scale previously unknown. These include poisonous gas, bombardment from the air, and the arrest of hundreds of prisoners of war. Agreement in 1925 and 1929 was a response from this development.

World War II (1939-1945) witnessed civilians and military personnel killed in equal numbers, unlike during World War I, where the ratio is 1:10. In 1949 the international community react to these tragic figures, especially against adverse effects upon the civilian population, with the revised Convention, who was then in force and adopt other legal instruments: the Geneva Convention concerning the protection of 4 civilians. Later in the year 1977, Additional Protocol is a response to the humanitarian effects of the war of national independence, which only regulated part of the 1949 Convention.

Fourth Geneva Convention confirms that respect should be given to each person in the armed conflict. Fourth Convention are:

I. Improvement of wound condition and pain in the armed forces in battle ground

II. Repair state members of the armed forces at sea, wounded, sick and shipwrecked victims

III. Treatment of prisoners of war

IV. Protection of civilians in time of war

1977 Additional Protocol

Additional Protocol is a response to the humanitarian effects of the war of national independence, which only regulated part of the 1949 Convention. Two additional protocol was adopted, which strengthens the protection of victims of international conflicts (Protocol I) and non-international conflicts (Protocol II). 1949 Geneva Conventions and 1977 Additional Protocol comprises nearly 600 articles and is the main tool of international humanitarian law. Only a country that can become participants of international agreements, as well as to participate in the Geneva Conventions and Protocol addition. In the year 2002 almost all countries in the world - exactly 190 - Geneva Convention participants. The fact that this agreement is one that accepted in a large number of countries prove kesemestaannya. As for the protocol addition, 157 countries participating Protocol I and Protocol II 150 participants.

IHL and Human Rights

International humanitarian law and the law of international human rights (hereinafter called the law of human rights) are complementary. Both are intended to protect individuals, although carried out in situations and different ways. IHL operates in situations of armed conflict, whereas human rights law, or at least part of it, to protect individuals at any time, in times of war or peace. The purpose of the IHL is to protect the victim by trying to limit the suffering caused by war, human rights law aims to protect individuals and ensure their development.

IHL is the main concern about the treatment of individuals who fall into the hands of the opponent and the methods of warfare, whereas human rights law is essentially to prevent arbitrary treatment by limiting state power over individuals. Human rights law does not seek to regulate how a military operation carried out. To ensure the observance, IHL, forming a mechanism that hold a form of continuous monitoring of its implementation; mechanisms that put an emphasis on cooperation between the disputing parties with a neutral mediator, with the aim to prevent violations. As a consequence, the role the ICRC approach ensures respect for the IHL gives priority to persuasion.

Mechanisms to monitor human rights law so vary. In many cases, the competent authorities are required to determine whether a country has to respect the law. For example, the European Court of Human Rights, after a preliminary settlement by someone, can be stated that the European Convention on Human Rights had been violated by state authorities. This ruling further required to take the necessary steps to ensure that the internal situation in accordance with the requirements demanded by the Convention. Human rights enforcement mechanism in essence meant to straighten out all the damage that occurred.