ID :
191701
Wed, 06/29/2011 - 08:35
Auther :
Shortlink :
https://oananews.org//node/191701
The shortlink copeid
RESPECT FOR IHL - ITS GREATEST CHALLENGE
KUALA LUMPUR, June 29 (Bernama) -- It is said that world-renowned singer and
song writer Bob Dylan’s song, ‘Blowing In the Wind’, is not just about protest,
but also poses questions about peace, war and freedom.
The song, released for the first time in 1962, has grown more relevant today
amid armed conflicts, revolutions, uprisings and unrest. Spreading like a wild
fire from state to state, as in the case of North Africa and the Middle East,
armed conflict has claimed thousands of civilians, including women and children.
How does one address such a situation? Would a mere plea to not harm
civilians, women and children in armed conflicts, work? How does one
differentiate between combatants and civilians in an air-attack?
The International Humanitarian Law (IHL), also known as the law of war or
the law of armed conflict, has been formulated for this purpose. This law is
part of a body of international law that governs relations between states.
However, the question, today, is whether states or parties involved in armed
conflict respect this law.
According to the International Committee of the Red Cross, (ICRC), the
promoter and guardian of the IHL, armed conflict is as old as humankind itself,
and there have always been customary practices in war. However, it was only in
the last 150 years that states established international rules to limit the
effects of armed conflict, for humanitarian reasons. The Geneva Conventions and
the Hague Conventions are the primary examples.
IHL seeks to limit the effects of armed conflicts for humanitarian reasons.
It is aimed at protecting persons who are not, or are no longer taking part in
hostilities, the sick, the wounded, prisoners and civilians. The IHL attempts to
define the rights and obligations of parties to a conflict, in the conduct of
hostilities.
Since it is a law, IHL imposes obligations on those engaged in armed
conflict. Not only must they respect the law, they have an obligation to ensure
respect as well. It is unacceptable to turn a blind eye towards IHL, says the
ICRC.
However, ICRC’s Head of Legal Division, Dr Knut Dormann, said ’respect’ is
the biggest challenge to the IHL.
“I would say, in general terms, the biggest challenge is respect for the
rules,” he told Bernama in an interview. Dr Dormann was here recently, for the
3rd Commonwealth Red Cross & Red Crescent International Humanitarian Law
Conference, where he gave an overview of recent developments in IHL.
“What we see is that even the most uncontroversial and least-ambiguous rules
that are meant to protect persons in armed conflicts are being violated,” he
said.
He pointed out that there were provisions relating to murder, torture,
ill-treatment, rape and the attack of civilians under the rules. “Everything is
uncontroversial in a way, but still violations occur,” he lamented.
Dr Dormann said if states respected these rules, a great amount of suffering
could be prevented. “So, the greatest effort that we have to make is ensuring
better respect,” he added.
He said that the Geneva-based ICRC had carried out a two-year internal study
on IHL, which concluded last year. The study observed that there was a need to
re-examine legal frameworks protecting persons deprived of their liberty and
affected by armed conflict.
“We have to see whether or not we can strengthen the system that can better
enforce international humanitarian law. We have to decide on either
strengthening the existing mechanism or adopting a new mechanism that can better
enforce the law, in particular, during an armed conflict,” he said.
The ICRC website said the study concluded that the international
humanitarian law remains, on the whole, an appropriate framework for regulating
the conduct of parties to armed conflicts, whether international or
non-international.
Achieving greater compliance with IHL is a top priority. The ICRC study
highlights four areas where humanitarian concerns are not adequately addressed
by the law. These are the protection of detainees, internally displaced persons,
and the environment in armed conflict; and the implementation of IHL. IHL
should, therefore, be strengthened to better address these concerns.
Dr Dormann said the number of internally-displaced persons now stands at 27
million people. “If you look only at the numbers, and their special needs, it
seems quite important to us,” he added.
Consultations were held with states, following the study, since any new
decision would require the agreement of states to be implemented, said Dr
Dormann. He added that the states agreed with the assessment that IHL remained
adequate to address contemporary armed conflicts.
They also agreed that there were humanitarian problems in the four areas
identified by ICRC. They wanted the ICRC to set priorities among these, and not
address all simultaneously.
Moreover, the states strongly agreed that further work was required to
protect persons deprived of liberty, and in IHL implementation. The other two
areas were of lower priority.
The ICRC will submit a report with the main conclusions of the study and
consultations, at the upcoming 31st International Conference of the Red Cross
and Red Crescent, in November, said Dr Dormann.
It will also submit a draft resolution to the International Conference,
proposing that the IHL be strengthened for better implementation and protection
of detainees.
“That is the road map we have till the international conference. We hope
that, since the states have the last word when it comes to strengthening IHL,
they would take responsibility, and show commitment to improve the situation of
persons affected by armed conflicts,” Dr Dormann said.
The lyrics of Bob Dylan’s song, ’Blowing In the wind’, go like this:
Yes, how many ears must one man have
Before he can hear people cry?
Yes, how many deaths will it take till he knows
that too many people have died?
The answer, my friend, is blowing in the wind;
The answer is blowing in the wind…
Let us hope that the states commit to respect the IHL, and improve the
situation of persons affected by armed conflict. If not, the answers will still
be blowing in the wind.
-- BERNAMA
song writer Bob Dylan’s song, ‘Blowing In the Wind’, is not just about protest,
but also poses questions about peace, war and freedom.
The song, released for the first time in 1962, has grown more relevant today
amid armed conflicts, revolutions, uprisings and unrest. Spreading like a wild
fire from state to state, as in the case of North Africa and the Middle East,
armed conflict has claimed thousands of civilians, including women and children.
How does one address such a situation? Would a mere plea to not harm
civilians, women and children in armed conflicts, work? How does one
differentiate between combatants and civilians in an air-attack?
The International Humanitarian Law (IHL), also known as the law of war or
the law of armed conflict, has been formulated for this purpose. This law is
part of a body of international law that governs relations between states.
However, the question, today, is whether states or parties involved in armed
conflict respect this law.
According to the International Committee of the Red Cross, (ICRC), the
promoter and guardian of the IHL, armed conflict is as old as humankind itself,
and there have always been customary practices in war. However, it was only in
the last 150 years that states established international rules to limit the
effects of armed conflict, for humanitarian reasons. The Geneva Conventions and
the Hague Conventions are the primary examples.
IHL seeks to limit the effects of armed conflicts for humanitarian reasons.
It is aimed at protecting persons who are not, or are no longer taking part in
hostilities, the sick, the wounded, prisoners and civilians. The IHL attempts to
define the rights and obligations of parties to a conflict, in the conduct of
hostilities.
Since it is a law, IHL imposes obligations on those engaged in armed
conflict. Not only must they respect the law, they have an obligation to ensure
respect as well. It is unacceptable to turn a blind eye towards IHL, says the
ICRC.
However, ICRC’s Head of Legal Division, Dr Knut Dormann, said ’respect’ is
the biggest challenge to the IHL.
“I would say, in general terms, the biggest challenge is respect for the
rules,” he told Bernama in an interview. Dr Dormann was here recently, for the
3rd Commonwealth Red Cross & Red Crescent International Humanitarian Law
Conference, where he gave an overview of recent developments in IHL.
“What we see is that even the most uncontroversial and least-ambiguous rules
that are meant to protect persons in armed conflicts are being violated,” he
said.
He pointed out that there were provisions relating to murder, torture,
ill-treatment, rape and the attack of civilians under the rules. “Everything is
uncontroversial in a way, but still violations occur,” he lamented.
Dr Dormann said if states respected these rules, a great amount of suffering
could be prevented. “So, the greatest effort that we have to make is ensuring
better respect,” he added.
He said that the Geneva-based ICRC had carried out a two-year internal study
on IHL, which concluded last year. The study observed that there was a need to
re-examine legal frameworks protecting persons deprived of their liberty and
affected by armed conflict.
“We have to see whether or not we can strengthen the system that can better
enforce international humanitarian law. We have to decide on either
strengthening the existing mechanism or adopting a new mechanism that can better
enforce the law, in particular, during an armed conflict,” he said.
The ICRC website said the study concluded that the international
humanitarian law remains, on the whole, an appropriate framework for regulating
the conduct of parties to armed conflicts, whether international or
non-international.
Achieving greater compliance with IHL is a top priority. The ICRC study
highlights four areas where humanitarian concerns are not adequately addressed
by the law. These are the protection of detainees, internally displaced persons,
and the environment in armed conflict; and the implementation of IHL. IHL
should, therefore, be strengthened to better address these concerns.
Dr Dormann said the number of internally-displaced persons now stands at 27
million people. “If you look only at the numbers, and their special needs, it
seems quite important to us,” he added.
Consultations were held with states, following the study, since any new
decision would require the agreement of states to be implemented, said Dr
Dormann. He added that the states agreed with the assessment that IHL remained
adequate to address contemporary armed conflicts.
They also agreed that there were humanitarian problems in the four areas
identified by ICRC. They wanted the ICRC to set priorities among these, and not
address all simultaneously.
Moreover, the states strongly agreed that further work was required to
protect persons deprived of liberty, and in IHL implementation. The other two
areas were of lower priority.
The ICRC will submit a report with the main conclusions of the study and
consultations, at the upcoming 31st International Conference of the Red Cross
and Red Crescent, in November, said Dr Dormann.
It will also submit a draft resolution to the International Conference,
proposing that the IHL be strengthened for better implementation and protection
of detainees.
“That is the road map we have till the international conference. We hope
that, since the states have the last word when it comes to strengthening IHL,
they would take responsibility, and show commitment to improve the situation of
persons affected by armed conflicts,” Dr Dormann said.
The lyrics of Bob Dylan’s song, ’Blowing In the wind’, go like this:
Yes, how many ears must one man have
Before he can hear people cry?
Yes, how many deaths will it take till he knows
that too many people have died?
The answer, my friend, is blowing in the wind;
The answer is blowing in the wind…
Let us hope that the states commit to respect the IHL, and improve the
situation of persons affected by armed conflict. If not, the answers will still
be blowing in the wind.
-- BERNAMA
