The International Committee of the Red Cross and the law of armed conflict today / Yves Sandoz
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Article
Title:
The International Committee of the Red Cross and the law of armed conflict today
Author zone:
Yves Sandoz
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Languages:
English
Abstract:
According to the ICRC, the principles of humanity, impartiality and neutrality inform IHL. The author argues that these principles remain relevant in a world characterized by underdevelopment, international crime, and the disintegration of political units. The author highlights two types of conflict that constrain the effective implementation of IHL. First, in conflicts aimed at exclusion, such as ethnic cleansing, the primary target of the conflict is the civilian population. Humanitarian organizations cannot place their delegates directly in harms way, and they do not have the capacity to cope with the forcible relocation of entire populations. Second, in conflicts such as Somalia where state structures have broken down, the need to negotiate with a range of parties and agree upon the appropriate response makes intervention by the international community challenging. The author argues that these challenges do not require the laws of IHL to be re-written, rather the goal should be to strengthen mechanisms for the enforcement of IHL. This may include the dissemination of information to members of the armed forces, as well as the establishment of national measures of implementation. The latter reforms would include establishing specific penalties for parties or individuals who violate IHL. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]
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