IHL History

Wrong if we say that the establishment of the Red Cross in 1863 or the adoption of the first Geneva Convention of 1864 marks the birth of humanitarian law as we know it today. As there is not one community that does not have a set of rules, so there never was a war that has no clear rules or vague that regulates the start and end a feud, and how the war was conducted.

IHL has existed since before the Movement stood. In the beginning there was an unwritten rule based on the habits governing armed conflict. Then bilateral agreements (cartels) that elaboration of different rules, she gradually began to take effect. The parties to a conflict sometimes ratified them after the hostilities ended. There are also regulations issued by the state for its troops (see "Lieber Code"). Existing law when it limited in time and place, because it only applies to one particular battle or dispute. The rules also vary, depending on the time, place, morality and civility.

From the beginning of the war until the emergence of contemporary humanitarian law, more than 500 cartel, rules of behavior (code of conduct), agreements and other writings that are designed to regulate the dispute has been recorded. These include the Lieber Code, which became effective in April 1863 and has significant value because it marks the first attempt to codify the laws and customs of war existing. However, unlike the Geneva Convention which was formed a year after that, Lieber Code has no status agreement as he meant because only apply to the Union soldiers who fought during the Civil War in America. 

There were two men play a significant role in shaping the next IHL, the Henry Dunant and Guillaume-Henri Dufour. Dunant formulated the idea in Memory of Solferino (A Memory of Solferino), published in 1862. Based on his experiences in the war, General Dufour without wasting time to donate his moral support, one of them by leading the Diplomatic Conference in 1864. 

On the proposal of the five founding members of the ICRC, the Swiss Government held a Diplomatic Conference in 1864, which was attended by 16 countries that adopted the Geneva Convention to improve the situation of the Wounded and sick in armed forces on the battlefield land.

Definition

International humanitarian law forms a large part of Public and International Law consists of rules that protect persons not or no longer involved in the dispute and limit the tools and how to fight in the armed conflict. 

More precisely, the meaning of the ICRC with the humanitarian law applicable during armed conflict is all the provisions of international treaties and customs which intends to address all the humanitarian problems that arise in time of international armed conflicts and non-international; law restricts the basic human , the rights of the parties involved in the dispute to choose the ways and means of warfare, as well as providing protection to people who are victims or property affected by armed conflict. 

Combatants should attack only military targets, are obliged to respect non-combatants and civilian objects and avoid using excessive force. Terms of international humanitarian law, humanitarian law, law of armed conflict and the law of war can be told fully comprehend. International organizations, universities and even countries tend to use the term international humanitarian law (or humanitarian law), while the term armed conflict law and the laws of war used by the armed forces. Indonesian Red Cross itself uses the term international humanitarian law.

Geneva law and Hague law

International humanitarian law (IHL) - also known as the law of armed conflict or the laws of war - has two separate branches: 

a. Geneva law or humanitarian law, the law established to protect military personnel who are no longer involved in war and those who are not actively involved in the dispute, especially the civilian population;

b. Hague law, or the law of war, is a law which determines rights and obligations of the parties in carrying out military operations and limit the way the attack.

Both branches of the IHL is not truly separate, because the effect of some rules in the Hague law is to protect victims of conflict, while the effect of some rules of the Geneva law is to limit the actions taken by the parties in the post war period. By adopting the Additional Protocol in 1977 which combines the two branches of the IHL, the distinction in the present living history and educational value.

Principle

Humanitarian law is based on the principle of distinction between combatants and non-combatants and between civilian objects and military objects. The principle of necessity or humanitarian and military interests, the need to maintain a balance between the interests of humanity on the one hand with the military and security needs on the other. Precautionary principle unnecessary suffering (unnecessary suffering), that is the right parties to choose ways and means of war is not unlimited, and the parties are not allowed to cause suffering and destruction is beyond the limit and not balanced with the goals to be achieved, which weakens or destroy the opponent's military potential. The principle of proportionality, trying to maintain a balance between two different interests, interests that based on the consideration of military needs, and the other based on the demands of humanity, if the rights or ban is not absolute.

Basic Rules

The ICRC has formulated seven rules that cover the core of international humanitarian law. These rules have no legal force as a tool of international law and is not intended to replace the treaties in force.

1. People who do not or can no longer take part in the dispute deserve respect for life, the dignity and physical integrity. In each condition, they should be protected and treated humanely, without any distinction based on nothing.

2. It is forbidden to kill or injure opponents who surrender or who can no longer participate in the battle.

3. The wounded and sick shall be collected and treated by the warring parties that control them. Medical personnel, medical facilities, medical transportation and medical equipment must be protected. Coat of arms of the red cross or red crescent on a white background is a sign of protection of personnel and objects mentioned above, and must be respected.

4. Combatants and civilians who are under the control of the opponent party is entitled to obtain respect for life, dignity, personal rights, political belief, religion and other beliefs. They must be protected from all forms of violence or revenge. They are entitled to communicate with their families and are eligible to receive assistance.

5. Everyone is entitled to judicial guarantees and no one can be sued for liable for an act that did not commit. No one can be subjected to physical or mental torture, or cruel corporal punishment is degrading, or other treatment.

6. None of the warring parties and members of its armed forces have an unlimited right to choose ways and means of war. It is forbidden to use the tools and how to fight a potentially causing serious and unnecessary losses.

7. Warring parties must always distinguish between civilians and combatants in order to protect civilians and their property. Civilian population, both overall and individual must not be attacked. Attack can only be made solely to the military objects.

Geneva Conventions

1864 Geneva Convention laid the foundations for the modern humanitarian law. The main characters are:

a. Written rules that have international reach to protect victims of conflict;

b. Multilateral nature, open to all countries;

c. The obligation to perform maintenance without any discrimination to the wounded military personnel and sick;

d. Respect and giving a signal to the medical personnel, transport and equipment using an emblem (red cross on a white ground).

Beginning with the first Geneva Convention of 1864, the law of modern humanity evolved in different stages, often after an incident in which the convention required, to meet the needs of a growing humanitarian aid resulting from developments in weaponry and the types of disputes. 

World War I (1914-1918) witnessed the use of means of war, (if you can not just say) is done on a scale previously unknown. These include poisonous gas, bombardment from the air, and the arrest of hundreds of prisoners of war. Agreement in 1925 and 1929 was a response from this development. 

World War II (1939-1945) witnessed civilians and military personnel killed in equal numbers, unlike during World War I, where the ratio is 1:10. In 1949 the international community react to these tragic figures, especially against the adverse effects that hit civilians, by revising the Convention, who was then in force and adopt another legal instrument: the 4th Geneva Convention on the protection of civilians. Later in the year 1977, Additional Protocol is a response to the humanitarian effects of the war of national independence, which is only partially regulated in the Convention in 1949. 

Fourth Geneva Convention confirms that respect should be given to each individual at the time of armed conflict. Fourth Convention are:

I. Repair of wounded and sick situation in the armed forces on the battlefield land

II. Improvement of state members of the armed forces at sea are wounded, sick and shipwrecked victims

III. Treatment of prisoners of war

IV. Protection of civilians in time of war

1977 Additional Protocol

Additional Protocol is a response to the humanitarian effects of the war of national independence, which is only partially regulated in the Convention in 1949. Two additional protocol was adopted, which strengthens the protection of victims of international conflicts (Protocol I) and non-international conflicts (Protocol II). 1949 Geneva Conventions and Additional Protocol in 1977 comprised nearly 600 articles and is the main tool of international humanitarian law. Only a country that can become participants of the international agreements, nor to become participants of the Geneva Conventions and Protocol Additionally. In 2002 almost all countries in the world - exactly 190 - Geneva Convention participants. The fact that this agreement is one which is received in a large number of countries to prove its totality. While the addition of the Protocol, 157 countries are participants of Protocol I and Protocol II of 150 participants.

IHL and Human Rights

Of international humanitarian law and international human rights law (hereinafter called the law of human rights) are complementary. Both intend to protect individuals, although implemented in different situations and ways. IHL applicable in situations of armed conflict, whereas human rights law, or at least a portion thereof, to protect individuals at any time, in time of war or peace. The goal of IHL is to protect the victim by trying to limit the suffering caused by war, human rights law aims to protect individuals and ensure their development. 

IHL is the main concern about the treatment of individuals who fall into the hands of the opposition and about the method of warfare, while human rights law in essence prevent arbitrary treatment by limiting state power over the individual. Human rights law does not aim to regulate how a military operation carried out. To ensure the observance, IHL establish a mechanism that is entered into a form of continuous monitoring of implementation; mechanism that gives emphasis on cooperation between the parties with a neutral mediator, with a view to preventing violations. As a consequence, the role of ICRC approach ensures respect for the IHL gives priority to persuasion.

Mechanisms to monitor human rights law varies greatly. In many cases, the competent institution is required to determine whether a country has to respect the law. For example, the European Court of Human Rights, after the completion of the introduction by man, it can be stated that the European Convention on Human Rights had been violated by state authorities. This ruling further obliged to take necessary steps to ensure that the internal situation in accordance with the requirements demanded by the Convention. Human rights enforcement mechanism is essentially intended to rectify all the damage.