Article

What is international humanitarian law ? : the role of the international Committee of the Red Cross

Raymond I. Geraldson, Jacques Moreillon, David P. Forsythe

• The American university law review, Vol. 31, no. 4, Summer 1982, p. 817-837

English

This article is comprised of the statements made by participants in a panel on the role of the ICRC. Raymond I. Geraldson first offers a brief history of the development of IHL, discussing the 1977 Protocols and the 1949 Geneva Conventions as well as the ICRC’s involvement in the creation of humanitarian law. Conference presenter Jacques Moreillon, a member of the Directorate of the ICRC, then outlines how IHL and the ICRC both originated in efforts to distinguish who may be attacked in an armed conflict and who should be protected. He points out where there may be difficulties in determining the legitimacy of targets, such as identifying combatants in the context of guerrilla warfare. Moreillon also examines compliance with IHL and the various functions of the ICRC such as ensuring compliance. Next, presenter David P. Forsythe distinguishes between IHL and humanitarian policy, arguing that IHL ought to be assessed by its contribution to humanitarian policy. He also discusses how the ICRC might play a role in ensuring compliance with humanitarian policy. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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