The Red Cross

Despite the recurrence of hostage-taking through the ages, the subject of hostages themselves has thus far received little analysis. Classically, there are two distinct types of hostages: voluntary hostages, as was common practice during the Ancien Régime of pre-Revolution France, when high-ranking individuals handed themselves over to benevolent jailers as guarantors for the proper execution of treaties; and involuntary hostages, whose seizure is a typical procedure in all-out war where individuals are held indiscriminately and without consideration, like living pawns, to gain a decisive military upper hand. Today the status of “hostage” is a combination of both categories taken to extremes. Though chosen for pecuniary, symbolic or political reasons, hostages are generally mistreated. They are in fact both the reflection and the favoured instrument of a major moral dichotomy: that of the increasing globalization of European and American principles and the resultant opposition to it...

While most law on the conduct of hostilities has been heavily scrutinized in recent years, the law dealing with armed conflict at sea has been largely ignored. This is not surprising. There have been few naval conflicts since 1945, and those that have occurred have been limited in scale; none has involved combat between major maritime powers. Nevertheless, navies have tripled in number since then, and today there are growing tensions between significant naval powers. There is a risk of conflict at sea. Conditions have changed since 1945, but the law has not developed in that time. Elements of it, especially that regulating economic warfare at sea, seem outdated and it is not clear that the law is well placed to regulate so-called “hybrid” warfare at sea. It seems timely to review the law, to confirm that which is appropriate and to develop that which is not. Perhaps a new edition of the San Remo Manual would be timely.

Children in armed conflict are frequently deprived of basic needs, psychologically supportive environments, educational and vocational opportunities, and other resources that promote positive psychosocial development and mental health. This article describes the mental health challenges faced by conflict-affected children and youth, the interventions designed to prevent or ameliorate the psychosocial impact of conflict-related experiences, and a case example of the challenges and opportunities related to addressing the mental health needs of Rohingya children and youth.

The rising pressures of urbanization in fragile and conflict-affected countries have increased concerns about the vulnerability of cities to armed threats. Changes in the character of armed conflict during the twenty-first century and its effects on cities in the developing world have exposed gaps in the planning and practice of peace and security, which retain a “nation-State bias” that circumvents local perspectives and agencies. Whereas full-scale use of military power in cities remains as destructive today as it has ever been, international organizations such as the United Nations have called for changed approaches to State tactics in urban areas. Mechanisms designed to prevent conflict or to help countries transition back to peace are particularly key if massive human and economic damages are to be avoided in a world of increasingly dense cities. Another key concern is the vulnerability of developing-world cities to low-intensity, if protracted, forms of violence by non-State a...

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

Editado en el año 2000, por la Cruz Roja Mexicana con una segunda impresión en 2003, a la que se incorpora la presentación del doctor José Antonio Fernández Arena, Director General de la Cruz Roja Mexicana (2003-2005). El texto es del comandante Ismael Arturo Montero García, quien además compila y selecciona en algunos apartados argumentos y propuestas de otros especialistas. La publicación es una obra de consulta para el personal de emergencia, que también es útil para organizaciones e individuos que, ya por actividades deportivas, de servicios turísticos, labores de auxilio, o en casos de desastre, se ven involucrados en terrenos de difícil acceso. Hoy en día, la travesía y el rescate por terrenos agrestes es una cuestión práctica en donde se ha adquirido un alto nivel tecnológico, y se ha creado una clase especial de técnicos vinculados al medio que, no por especializados, son ajenos a una propuesta sencilla y práctica para el caso mexicano, como lo intenta esta publicación.

This article charts the rapid rise in the use of imprisonment in recent decades before considering some of the most pressing issues of concern in the use of imprisonment today. First among these is prison overcrowding, which continues to blight the record of many countries in their treatment of prisoners. To illustrate the potentially dire consequences of overcrowding – a problem common to many other countries and regions – an account is given of a recent visit to a prison in El Salvador. The article then provides an overview of the relevant regional and international standards on the treatment of prisoners, referring also to the role of judicial bodies in ensuring implementation.

Even in the earliest times, when tribes began to emerge, and at the time of classification, the principle of oppression of the weak by the strong was emerging in society. This manifested itself in the relations between both people and tribes. Thus, powerful tribes defeated the weaker ones and firstly, created the tribal union, and then developed them into the states. From one point of view, the war that we all try to put an end, was one of the important factors in the past that had allowed us to move from one era to another. But the requirement of today is the unity and cooperation of the states, which is directly related to the integration and development of the world economy and other important areas. At a time when information and economics are so advanced, the confrontation between states can end up in our world. But cooperation can help solve global problems that we perceive as a threat to the world. Global problems are the problems that are of concern to the whole society, which are of utmost importance, and which can be solved only by the cooperation of all countries, and the solution of these problems brings the states closer together. In most of the developing countries, these problems are not given much importance, they have the interests of their countries, and the task of the developed countries is to help them develop, to bring about these issues, and to save our world through unity. We can conclude that international law has reached its highest level of development through the adoption of conventions, declarations and other documents that have been adopted in our time.

This article is a historical examination of the use of photography in the informational and fundraising strategies of humanitarian organizations. Drawing on archival research and recent scholarship, it shows that the figure of the dead or suffering child has been a centrepiece of humanitarian campaigns for over a century and suggests that in earlier eras too, such photos, under certain conditions, could “go viral” and achieve iconic status. Opening with last year's photo campaign involving the case of 3-year-old Syrian refugee Alan Kurdi, whose body washed up on a Turkish beach near Bodrum in early September 2015, the article draws on select historical examples to explore continuities and ruptures in the narrative framing and emotional address of photos depicting dead or suffering children, and in the ethically and politically charged decisions by NGO actors and the media to publish and distribute such images. We propose that today, as in the past, the relationship between media...

This article analyses problems with which the Republic of Croatia, as a country in transition, has to contend during war crimes proceedings. A major characteristic of the recent wars waged on the territory of the former Yugoslavia is that war crimes were committed, though on a different scale, by all parties involved, irrespective of the political and other motives that prompted them to engage in armed conflict. Political unwillingness is the principal reason why national courts, including those in the Republic of Croatia, did not prosecute war crimes in accordance with internationally acceptable standards. The international community responded by setting up the International Criminal Tribunal for the former Yugoslavia (ICTY), the main objectives of which are to establish justice, render justice to victims and determine the historical truth. Implicitly, despite political and other opposition to its work, the ICTY is helping to define legal and ethical standards appropriate for a dem...

The debate over which actors contribute to customary international law generally centers on international organizations and other non-State actors, and easily accepts States as relevant actors. However, on rare occasions States can be governed by an international organization. When an international organization becomes entangled with a State government, the normal participation in the formation of customary international law becomes confused. A survey of practice citing to the acts of international territorial administrations shows that it is possible for these governance arrangements to contribute to customary international law, even though those acts are formally undertaking by an international organization.

As cash increasingly becomes an essential part of humanitarian assistance, it is critical that practitioners are aware of, and work to mitigate, exposure to protection risks among the most vulnerable recipients. This article presents findings from qualitative research exploring protection risks and barriers that arise in cash programming for internally displaced persons at high risk of violence and exploitation in Cameroon and Afghanistan. The authors conclude with recommendations for mainstreaming global protection principles into cash programmes, as well as key considerations for designing and implementing cash programmes in ways that minimize existing risks of harm and avoid creating new ones.

Editor's NoteThe humanitarian mission maintains its ultimate objective of preventing and alleviating human suffering in situations of extreme crisis. In a different vein from the main subject of this edition- the future of humanitarian action – and using the power of images, Paul Bouvier, ICRC Senior Medical Advisor, brings us back exactly two centuries, to the ‘Peninsular War’ between French, Spanish and British, among the fiercest of the Napoleonic Wars.The artist Francisco de Goya produced a series of etched plates known as The Disasters of War, which offered a hitherto uncommon view of war. By showing the horror and devastation of armed violence, the resulting dehumanization, and the distress and suffering of the victims, he denounced the consequences of war and famine and the ensuing political repression. Goya's lucid, compassionate, yet uncompromising depictions of war and its consequences are not only unique but also highly relevant today. His work is also an outcry a...

In 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obligation of state and non-state actors to consent to and facilitate humanitarian assistance. It is shown that the Geneva Conventions and their Additional Protocols, as well as customary international law, require that states consent to and facilitate humanitarian assistance which is impartial in character and conducted without adverse distinction, where failure to do so may lead to starvation or otherwise threaten the survival of a civilian population. This paper considers whether this obligation has been further expanded by the development of c...

This paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian...

Despite the existence of a comprehensive international legal framework protecting children in armed conflict, ensuring its respect by armed non-State actors (ANSAs) still remains an important challenge. This can be linked to several circumstances, such as their lack of knowledge of the law, the absence of an incentive to abide by the applicable rules, their fragmented structure and their lack of capacity to implement the applicable framework. Certain practical cases, however, show that ANSAs’ behaviours may vary throughout armed conflicts. While certain groups have, at a given moment, breached some of their international obligations, others have shown some degree of commitment to respecting children's safeguards. When addressing the prohibition of recruiting and using children in hostilities, the reasons behind these variations have remained insufficiently explored. This article reviews some of the lessons learned from Geneva Call's experience when engaging ANSAs towards the...

Eradicating and addressing child marriage in situations of armed conflict requires that stakeholders increase their attention, knowledge, evidence-based protection measures, and resources in a coordinated fashion. To this end, this article examines what constitutes child marriage within the international legal framework. It then presents a concise analysis of what is known about child marriage in development contexts, before moving on to discuss the (limited) state of knowledge on child marriage in humanitarian settings, and the global response. It presents information on different married child populations, including child brides and grooms, girls forcibly married to armed actors, child widows, and child marriage within natural disasters. It concludes with ideas on the information and knowledge that is still needed to inform effective response.

The article surveys Jewish sources relating to the justification and conduct of war, from the Bible and rabbinic interpretation to recent times, including special problems of the State of Israel. It concludes with the suggestion that there is convergence between contemporary Jewish teaching, modern human rights doctrine and international law.

This article draws on my book Bosnia and the Destruction of Cultural Heritage,1 which incorporates ground-breaking fieldwork in Bosnia-Herzegovina and extensive research, and on my subsequent research and fieldwork in the post-conflict country. In the article, I explore the meaning that restoration and reconstruction of cultural heritage intentionally destroyed during conflict can have, particularly to the forcibly displaced. With the protection of cultural heritage increasingly being treated as an important human right and with the impact that forcible displacement during armed conflict has on cultural identity now in the spotlight, the importance of cultural heritage for those ethnically cleansed in Bosnia-Herzegovina during the 1992–95 war (both those who returned and those who did not) has relevance for considerations of contemporary post-conflict populations.

This paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian...

This article aims to acknowledge and articulate the notion of “humanitarian experimentation”. Whether through innovation or uncertain contexts, managing risk is a core component of the humanitarian initiative – but all risk is not created equal. There is a stark ethical and practical difference between managing risk and introducing it, which is mitigated in other fields through experimentation and regulation. This article identifies and historically contextualizes the concept of humanitarian experimentation, which is increasingly prescient, as a range of humanitarian subfields embark on projects of digitization and privatization. This trend is illustrated here through three contemporary examples of humanitarian innovations (biometrics, data modelling, cargo drones), with references to critical questions about adherence to the humanitarian “do no harm” imperative. This article outlines a broad taxonomy of harms, intended to serve as the starting point for a more comprehensive convers...

The legal implications of information activities in the context of armed conflict against the background of the digital transformation have so far received only scarce attention. This article aims to fill this gap by exposing some of the legal issues arising in relation to mis- and disinformation tactics during armed conflict in order to provide a starting point for further debate in this respect. Specifically, it explores the existence and content of existing limits imposed by international humanitarian law on (digital) information operations and inquires whether the current framework adequately captures the humanitarian protection needs that arise from such conduct.

Applying the humanitarian principles of humanity, impartiality, neutrality and independence in a relevant manner in concrete operational settings is a constant challenge for humanitarian organizations. Bound by this set of norms, the International Committee of the Red Cross (ICRC) has incrementally developed over the years a rational framework that allows its leadership and staff on the ground to act according to these principles while developing adapted solutions and pragmatic approaches. This article begins by describing the history and development of the humanitarian principles; it then explains how the strategic choices of the ICRC are informed by these principles, and what the consequences are for the organization's capacity to act in favour of victims of armed conflicts.

This article aims at positioning the agency of the displaced within the longue durée, as it is exposed in contexts of hospitality and asylum, by articulating its key modes: contingent, willed and compelled. Using the ancient world as its starting point, the article exposes the duplicity in conceiving of the current condition of displacement as transient or exceptional. As such, it argues for the urgent need of a shift in the perception of displaced persons from that of impotent victims to potent agents, and to engage with the new forms of exceptional politics which their circumstances engender.

This article gives an overview of the principles regulating the use of force under the Islamic law of war in the four Sunni schools of Islamic law. By way of introducing the topic, it briefly discusses the origins, sources and characteristics of the Islamic law of war. The discussion reveals the degree of compatibility between these Islamic principles and the modern principles of international humanitarian law, and offers insights into how these Islamic principles can help in limiting the devastation and suffering caused by contemporary armed conflicts in Muslim contexts, particularly those conflicts in which Islamic law is invoked as the source of reference.

Children in armed conflict are frequently deprived of basic needs, psychologically supportive environments, educational and vocational opportunities, and other resources that promote positive psychosocial development and mental health. This article describes the mental health challenges faced by conflict-affected children and youth, the interventions designed to prevent or ameliorate the psychosocial impact of conflict-related experiences, and a case example of the challenges and opportunities related to addressing the mental health needs of Rohingya children and youth.

Remembrance of war and conflict exposes the intricate interweaving of cultural memory and identity. Nations commemorate war to link narratives of the past with the present. This linking creates shared national narratives that temporally reinforce identities across the geography of the nation and among diverse citizenry. In this paper, the authors turn their attention towards the experiential and place-based concerns of the politics of memory within the context of war. It is argued that through attentiveness to individual experience we can better understand how cultural memory is enveloped into constructions of identity and critique such constructions alongside official narratives.

Under international humanitarian law commanders have been entrusted with the task of ensuring respect for that body of law by their subordinates. This responsibility includes not only the training in IHL of those under their command, but also the taking of necessary measures to prevent or punish subordinates committing violations of IHL. Failure by a commander to do so will give rise to criminal liability, often termed superior responsibility. The following article reviews some of the issues arising from the application and development of this form of responsibility, from both a practical and a legal perspective.