Improving mechanisms for the implementation of international humanitarian law
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Date
2017
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Panamaline Books Distributors Limited
Abstract
International Human Law(IHL) being unique in its rules, compassionate and humane in its operation is aimed at protecting victims of war by ensuring the observance of its fundamental principles of necessity, distinction, proportionality, precaution and above all, that of humanity. IHL balances the concept of military necessity and the protection of war victims in that while recognising the right of belligerent to wage war, neutralise opponents, and destroy objects equally requires respect and consideration for humanity. It protects civilian population during armed conflicts, persons deprived of their liberty, sick, and wounded as well as those under military occupation. It comes into play “when rules and structures are breaking down” and “when humanitarian standards are in jeopardy”. IHL was specifically designed to fit into this inhumane and illegal situation, to bring into being precisely defined rules balancing military needs with respect for humanity. The success of IHL rests on the extent to which its rules are implemented in armed conflict situations. In this light, several international legal instruments notably, the four Geneva Conventions and their Additional Protocols and The Hague Regulations have provided for mechanisms designed to ensure that IHL functions as intended and provide the needed protection to war victims. This article analyses the existing implementation mechanisms and their weaknesses, providing suggestions for their improvement as well as other possible mechanisms the law should take into consideration in future treaties.
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Keywords
international humanitariam law, war, humanity, treaties