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Conference Report - 30 Years Additional Protocols to the 1949 Geneva Conventions: Past, Present and Future - 18th Conference of the Legal Advisors to the German Army and of the Representatives of the German Red Cross, 7 and 8 March 2008, Bad Mergentheim (Germany)

Published online by Cambridge University Press:  06 March 2019

Extract

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One of the cornerstones of the law of armed conflicts, known under the term of “international humanitarian law”, is the so-called “Geneva Law”. Bearing in mind the experiences of the Second World War, Geneva Law was an International Committee of the Red Cross (ICRC) initiative to focus codification on the protection of the individual from the ravages of war. Today it mainly consists of the four Geneva Conventions of 12 August 1949 and the two Additional Protocols of 8 June 1977. However, since the end of the 1970s, further development of the codified body of international humanitarian law has slowed, not least because the international community, given the number of armed conflicts taking place, has become reluctant to accept further obligations.

Type
Developments
Copyright
Copyright © 2008 by German Law Journal GbR 

References

1 Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949, 75 UNTS 31; Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949, 75 UNTS 85; Convention (III) relative to the Treatment of Prisoners of War, 12 August 1949, 75 UNTS 135; Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12 August 1949, 75 UNTS 287.Google Scholar

2 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, 1125 UNTS 3; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II), 8 June 1977, 1125 UNTS 609.Google Scholar

3 Recently, only the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III) of 8 December 2005 has been adopted; see the Notification of the Federal Department of Foreign Affairs of Switzerland dated 4 January 2006, P.242.512.0.Google Scholar

4 10 June 2007.Google Scholar

5 7 December 2008.Google Scholar

6 Customary International Humanitarian Law, Volume I: Rules, Volume II: Practice (International Committee of the Red Cross ed., 2005).Google Scholar

7 See Art. 8 para. 2 (b) (i) of the Rome Statute: “Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities” vs. Art. 51 para. 3 of Additional Protocol II: “Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities” (emphasis added).Google Scholar

8 See International Committee of the Red Cross, supra note 6, Introduction, xxv-li, at xxxii, in particular xxxviii.Google Scholar

9 See International Committee of the Red Cross, supra note 6, Rule 6, 19–24, at 22.Google Scholar

10 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), I.C.J. Report 2005, 168.Google Scholar

11 Declaration Renouncing the Use, in Time of War, of Explosive Projectiles under 400 Grammes Weight [St. Petersburg Declaration], 29 November 1868, 1 AJIL Supplement 95–96 (1907).Google Scholar

12 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 10 April 1972, 1015 U.N.T.S. 163.Google Scholar

13 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurous or to Have Indiscriminate Effects, 10 October 1980, 1342 UNTS 137.Google Scholar

14 Amendment of Article 1 of the CCW Convention, adopted at the Second Review Conference of the States Parties to the CCW Convention, 21 December 2001, Doc. CCW/CONF.II/2.Google Scholar

15 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, 13 January 1993, 1974 UNTS 45.Google Scholar

16 Convention (IV) Respecting the Laws and Customs of War on Land, 18 October 1907, and its Annex: Regulations concerning the Laws and Customs of War on Land, 2 AJIL Supplement 90–117 (1908).Google Scholar

17 The acronym SIrUS stands for “Superfluous Injuries and Unnecessary Suffering”.Google Scholar

18 548 U.S. 557 (2006).Google Scholar