The goal is to strengthen and enhance respect for international humanitarian law, he stressed. The Council plays a crucial role in upholding and consolidating the rule of law, he said, emphasizing the particular importance of protecting civilians and ensuring compliance by parties on the ground.
Meanwhile, it is vital to ensure accountability for war crimes, genocide and crimes against humanity, and to hold those responsible for attacks against civilians accountable. Sanctions — when used transparently and effectively — can serve as an important tool in that regard, he said. States, meanwhile, should look beyond national priorities and work together in upholding their obligations under international law, he said, urging permanent Council members to refrain from wielding their veto in cases of humanitarian need, while using their influence to ensure respect for international humanitarian law on the part of belligerents.
Women, children, older persons and persons with disabilities are particularly vulnerable to international violations, and failure to meet their needs can lead to feelings of resentment and ultimately to violence, he cautioned. States as well as regional and international organizations must bolster their capacity to prevent or resolve conflict by peaceful means, and those who commit atrocities must be held accountable, he said, while underlining the need to improve training and awareness among all military staff.
Women and minorities serving in their ranks can serve as agents of change, he added. In other cases, international law is violated as part of national counter-terrorism efforts, she noted, emphasizing that such strategies are unacceptable.
Instead, it should help parties better respect those rules in the conflicts of tomorrow. Welcoming the new WHO database of attacks against medical staff and infrastructure, she went on to advocate the creation of a commission of inquiry into attacks recently committed against medical facilities in north-western Syria, locations identified and shared as part of the United Nations deconfliction mechanism. Whereas the rules of international humanitarian law are increasingly flouted, they remain more relevant than ever, with simple and practical principles adapted to the main elements of warfare, she said.
Advocating instruction on international humanitarian law for military forces, she stressed that national authorities must also apply its principles in times of peace, with national humanitarian law commissions cracking down on those in violation of the rules.
Belgium is committed to safe, sustainable and unhindered humanitarian access in Syria, and to the specific protection of children, she affirmed. COHEN United States said representatives from around the world gathered in Geneva seven decades ago to change the way in which war was waged. The resulting Geneva Conventions enshrined the new rules, playing a significant role in shaping the behaviour of parties on the battlefield and strengthening protections, he said.
Yet the Geneva Conventions are a powerful articulation of international humanitarian law and have become synonymous with ethical behaviour. Noting that States have several tools for addressing violations, including war crimes tribunals supported by the United States in Cambodia, Sierra Leone and the former Yugoslavia, he said there have been obstacles to accountability in other cases.
While States and parties to conflict are responsible for their own adherence to international humanitarian law, all actors must call out violations, he said, stressing that the United States will continue to push for greater compliance with the Geneva Conventions, and supports dissemination of accurate information on international humanitarian law.
Recalling also the history behind the creation of the Geneva Conventions, he said Germany eschewed the norms of international humanitarian law existing at the time, bombing peaceful towns. Adolf Hitler pushed a policy of scorched earth, mass deportations and collective punishment aimed at reducing populations living in occupied territories, he said, adding that starvation was used widely as a tactic of war.
The treatment of war prisoners was particularly cynical, especially since applicable international obligations existed at the time. Defendants referred to the absence of prohibitions relating to civilians and raised the question of strengthening international legal protections for victims. A diplomatic conference was then convened, resulting in the Geneva Conventions, he said. Following their adoption, the emergence of national liberation wars and the requirement to uphold human rights were factors that dictated the need to codify international humanitarian law, with Protocols I and II established in , he recalled.
He went on to stress that, time and again, the Security Council is forced to pay attention to the institutions of international humanitarian law. The nature of war has changed, with internal armed conflicts dominating the landscape. Selective approaches and double standards now impact the authority of international humanitarian law, in turn prompting debate around the grounds on which parties must uphold international humanitarian law. Specifically, it prohibits attacks on civilian hospitals, medical transports, etc.
It also specifies the rights of internees POWs and saboteurs. Finally, it discusses how occupiers are to treat an occupied populace. The signing Nations agreed to further restrictions on the treatment of "protected persons" according to the original Conventions, and clarification of the terms used in the Conventions was introduced. Finally, new rules regarding the treatment of the deceased, cultural artifacts, and dangerous targets such as dams and nuclear installations were produced.
In this Protocol, the fundamentals of "humane treatment" were further clarified. Additionally, the rights of interned persons were specifically enumerated, providing protections for those charged with crimes during wartime. It also identified new protections and rights of civilian populations. Adopted in to add another emblem, the "red crystal," to the list of emblems used to identify neutral humanitarian aide workers.
Article 3 of the Geneva Conventions covered, for the first time, situations of non-international armed conflicts. Types vary greatly and include traditional civil wars or internal armed conflicts that spill over into other States , as well as internal conflicts in which third-party States or multinational forces intervene alongside the government.
Common Article 3 functions like a mini-Convention within the larger Geneva Convention itself, and establishes fundamental rules from which no derogation is permitted, containing the essential rules of the Geneva Convention in a condensed format, and making them applicable to non-international conflicts.
The Geneva Conventions provide for universal jurisdiction , as opposed to a more traditional and limited territorial jurisdiction that was designed to respect the sovereignty of States over their citizens.
The doctrine of universal jurisdiction is based on the notion that some crimes, such as genocide , crimes against humanity , torture , and war crimes , are so exceptionally grave that they affect the fundamental interests of the international community as a whole.
It renders the convicts or accused of such crimes to the jurisdiction of all signatory States , regardless of their nationality or territoriality of their crime. Every State bound by the treaties is under the legal obligation to search for and prosecute those in its territory suspected of committing such crimes, regardless of the nationality of the suspect or victim, or of the place where the act was allegedly committed. The State may hand the suspect over to another State or an international tribunal for trial.
Where domestic law does not allow for the exercise of universal jurisdiction, a State must introduce the necessary domestic legislative provisions before it can do so, and must actually exercise the jurisdiction , unless it hands the suspect over to another country or international tribunal. Despite being signatory to the Conventions, there are some notable and often-criticized U. This Convention replaced the Prisoners of War Convention of It contains articles whereas the Convention had only The categories of persons entitled to prisoner of war status were broadened in accordance with Conventions I and II.
The conditions and places of captivity were more precisely defined, particularly with regard to the labour of prisoners of war, their financial resources, the relief they receive, and the judicial proceedings instituted against them. The Convention establishes the principle that prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. The Convention has five annexes containing various model regulations and identity and other cards.
The Geneva Conventions , which were adopted before The events of World War II showed the disastrous consequences of the absence of a convention for the protection of civilians in wartime. It is composed of articles. It contains a short section concerning the general protection of populations against certain consequences of war, without addressing the conduct of hostilities, as such, which was later examined in the Additional Protocols of The bulk of the Convention deals with the status and treatment of protected persons, distinguishing between the situation of foreigners on the territory of one of the parties to the conflict and that of civilians in occupied territory.
It also contains a specific regime for the treatment of civilian internees. It has three annexes containing a model agreement on hospital and safety zones, model regulations on humanitarian relief and model cards. Article 3, common to the four Geneva Conventions , marked a breakthrough, as it covered, for the first time, situations of non-international armed conflicts. As an instrument of the government, state-owned television and radio stations have played an important role in recent conflicts.
They are currently on trial at the I. As agents of the state, these media outlets are bound by the international laws governing armed conflict. The question becomes more complicated, however, when the footage is taken by embedded reporters and screened by military officials before it is aired.
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