Thousands of individuals have been detained abroad in the context of the “war on terror”, both during the armed conflicts in Afghanistan and in Iraq and as a result of transnational law-enforcement operations. This paper argues that, notwithstanding contrary positions expounded by some States, the protections of international humanitarian law and/or international human rights law remain applicable to these individuals, wherever detained, and examines recent decisions of domestic courts and international bodies which appear to reveal a reassertion of international standards.

The article deals with the effect of the time factor in the application of international humanitarian law (IHL) and international human rights law (IHRL) in ‘prolonged belligerent occupations’. It demonstrates that IHL applies in its entirety to such situations and that the adjustments necessary can be made through the interpretation of existing IHL norms. As for IHRL, the protracted character of an occupation reinforces the importance of respecting and applying human rights. It cannot, however, be invoked in order to influence the interpretation of the notion of a state of emergency leading to the adoption of derogations from IHRL rules.

This article explores the methodology and main findings of field studies conducted for the ICRC's Health Care in Danger project in Afghanistan, Somalia, and the Democratic Republic of the Congo between 2010 and 2013. It discusses some of the actions that the ICRC takes in its health programmes to facilitate access to health care, and its approach to promoting better respect for the laws protecting it. It then suggests what more needs to be done to curb the violence.

The rising pressures of urbanization in fragile and conflict-affected countries have increased concerns about the vulnerability of cities to armed threats. Changes in the character of armed conflict during the twenty-first century and its effects on cities in the developing world have exposed gaps in the planning and practice of peace and security, which retain a “nation-State bias” that circumvents local perspectives and agencies. Whereas full-scale use of military power in cities remains as destructive today as it has ever been, international organizations such as the United Nations have called for changed approaches to State tactics in urban areas. Mechanisms designed to prevent conflict or to help countries transition back to peace are particularly key if massive human and economic damages are to be avoided in a world of increasingly dense cities. Another key concern is the vulnerability of developing-world cities to low-intensity, if protracted, forms of violence by non-State actors, particularly in post-conflict contexts. Conflict prevention and peace transitions in cities (including mainstream international tools such as peacekeeping, stability and reconstruction aid) are affected by specifically urban pressures linked to rising populations, migration, ethnic tensions, institutional deterioration and the weakening of urban services. Therefore, the physical and social characteristics of cities interact with military and developmental policies in unique ways. An understanding of key local actors, services and institutions affecting urban drivers of armed conflict – an urban strategic environment – can help practitioners and strategists to craft comprehensive policies.

This article examines the progress of the humanitarian initiative to reframe the nuclear weapons discourse internationally. The initiative seeks to shift debate away from theories of strategic stability and towards a focus on the impact of nuclear weapons themselves. This effort has now gathered significant support at an international level, and its implications are increasingly recognized by both nuclear-armed and non-nuclear-armed States. The initiative has been underpinned by the deliberate logic of humanitarian disarmament. A treaty banning nuclear weapons, around which momentum is gathering, would be an achievable, legally coherent and logical next step developing from the initiative.

On the 100th anniversary of the Declaration of St. Petersburg, the International Review of the Red Cross devoted to this important first document of the law of war an article examining the relation between the notion of the “legitimate object” of war as defined in the Declaration and the means of warfare used, whose lawfulness was declared to be limited by their conformance to that legitimate object and by their necessity. Since 1868 the law of international armed conflicts has been supplemented by Protocol I additional to the Geneva Conventions of 1949, which enlarged on the central point of the Preamble to the Declaration of 1868 — i.e. the concept of “maux superflus” (“superfluous injury or unnecessary suffering”); although it was not formulated as such until 1899 in Article 23 e) of the Regulations respecting the Laws and Customs of War on Land, it may, as we shall demonstrate, be traced back to the Declaration's Preamble. Protocol I broadened the concept's scope of application to include methods of warfare, but it also and above all introduced a new rule of considerable import by narrowing the definition of military objectives that may lawfully be attacked.

This article examines the relationship between Hinduism and war and the extent to which the fundamental concepts of humanitarian law are recognized in Hinduism. After reviewing the sources of Hinduism, it considers the permissibility and types of war in ancient India, explores the rules of warfare and investigates whether war was a matter of course or regarded as a ruler's last choice. It then sets out the humanitarian principles that already applied at that time. Finally, it considers how far the concepts of Hinduism have helped in the development of international humanitarian law.

Civilians play an increasingly important and complex role in armed conflicts, both as victims and as perpetrators. While this overall trend towards ‘civilianization’ encompasses all types of present-day conflicts, it is twofold: it takes on a very different nature in high-technology warfare than in the context of low-technology combats that are typical of many civil wars. This article explores these two trends, shows how they merge in asymmetric warfare and outlines key implications for international stabilization and state-building efforts. The present-day conflict landscape is presented from a security policy point of view, placing the ongoing debates on the civilian participation in hostilities in a broader strategic context.

Although the humanitarian landscape is constantly evolving, one factor which stands out among the players of aid, and particularly non-governmental organizations (NGOs), is the significance of the private, not-for-profit dimension. After tracing the historical origin of those organizations, defining them and stressing how well known and well regarded they are, the article goes on to discuss the main questions they set. It points out that although each one has its own specific characteristics, their operating methods have much in common. In conclusion the role NGOs play on the international stage is also mentioned, as well as their position regarding UN plans to overhaul the international humanitarian system. Faced with a transnational environment and a growing demand for accountability both to beneficiaries and to sponsors, with uncertain times ahead and difficult choices to make, NGOs must be even more humanitarian in the approach they take.

More than one billion people nowadays live as slum-dwellers in informal settlements characterized by vulnerability and poverty. The ‘normal’ situation in slums can, in several ways, be classified as a ‘crisis’, and violence levels often contribute to situations akin to ‘armed conflict’. The plight of these people should be the concern of humanitarian organizations, which should consequently widen their spectrum and address vulnerability to disasters and to violence as mutually reinforcing. Applying the ‘human security’ framework and ‘livelihoods’ approach can enable them to take a proactive role. However, particularly for the International Red Cross and Red Crescent Movement, a greater involvement also poses several challenges.

Pour I'auteur, le principe de l'humanité inclut la possibilité et la volonté de réduire la capacité de se livrer à la violence armée et d'en limiter les effets sur la sécurité et la santé. L'humanité ainsi interprétée englobe l'humanitarisme, la moralité, le développement, les droits de l'homme et la sécurité humaine. À ce titre, elle est une des principales sources du droit international en général et du droit international humanitaire en particulier. Dans cet article, l'auteur décrit les conséquences du lien étroit qui existe entre humanité et droit international.

Facilitating critical reflection on the words and concepts used to write policy enables practitioners to avoid unconsciously reproducing the different forms of oppression and exclusion that their policies seek to overcome. In this article, the author provides an analysis of Chapter 5.10 of the United Nations Integrated Disarmament, Demobilization and Reintegration Standards, arguing that policy makers, scholars, students and practitioners cannot avoid making and/or changing meaning through their well-meaning interventions, but that this need not lead to political or practical inertia.

Data-driven artificial intelligence (AI) technologies are progressively transforming the humanitarian field, but these technologies bring about significant risks for the protection of vulnerable individuals and populations in situations of conflict and crisis. This article investigates the opportunities and risks of using AI in humanitarian action. It examines whether and under what circumstances AI can be safely deployed to support the work of humanitarian actors in the field. The article argues that AI has the potential to support humanitarian actors as they implement a paradigm shift from reactive to anticipatory approaches to humanitarian action. However, it recommends that the existing risks, including those relating to algorithmic bias and data privacy concerns, must be addressed as a priority if AI is to be put at the service of humanitarian action and not to be deployed at the expense of humanitarianism. In doing so, the article contributes to the current debates on whether it is possible to harness the potential of AI for responsible use in humanitarian action.

The question of whether non-state armed groups could and should provide reparations to their victims has been largely overlooked. This article explores this gap, with a particular focus on symbolic reparations, such as acknowledgement of the truth and apologies. It argues that, while the question is fraught with legal, conceptual, and practical difficulties, there are some circumstances in which armed groups are capable of providing measures of reparations to their victims. The article identifies the issue of attacks on informers as one potential area for armed groups to provide such measures, and demonstrates that in a few cases armed groups have already engaged in actions that could be seen as analogous to symbolic reparations. The article's main case study is provided by recent actions by the Irish Republican Army (IRA) in relation to its past attacks against suspected informers.

At a time when non-international armed conflicts are increasing in number, it may be interesting to examine the implementation of international humanitarian law (IHL) applicable in these conflicts. To ensure its respect in international armed conflict, this law provides for the penal repression of certain violations. Used with discernment, especially for preventive purposes, this is undoubtedly an effective measure. There is good reason, therefore, also in view of the work of the International Law Commission (ILC) on a draft code of crimes against the peace and security of mankind, to see whether penal repression of the violations of international humanitarian law applicable in non-international armed conflicts should be promoted.

Ever since the Security Council decided for the first time to send armed forces into a troubled area, the question has remained open as to whether such peace-keeping or peace-enforcement contingents were required to comply with international humanitarian law when they had to use force. The ICRC has always argued in favour of the applicability of that body of law, in particular the 1949 Geneva Conventions, to operations conducted under the control of the United Nations. Under the title « Observance by United Nations forces of international humanitarian law» the United Nations Secretary-General has now issued a set of fundamental principles and rules of international humanitarian law applicable to forces conducting operations under United Nations command and control. The text is given below.

Since the early 1970s, the steady deterioration of the natural environment has given rise to widespread awareness of man's destructive impact on nature.

This awareness of the vital importance for humanity of a healthy environment and the determined efforts of numerous environmental protection agencies have led over the years to the adoption of a large body of laws for the protection and preservation of the natural environment.

This case study of a network of evangelical churches in Lebanon, based on data collected during an evaluation in 2014, presents a critique of common understandings about the humanitarian principle of impartiality, and questions assumptions about the compatibility between religious fervour and humanitarian values. Churches attempting to respect impartiality while implementing a food aid project for Syrian refugees have sought to mitigate potential problems through relationship-building and promotion of human dignity in order to ensure needs-responsiveness. Though many Lebanese Evangelical Christians do continue to engage in evangelistic activity, they benefit from strong community ties and demonstrate a high level of sensitivity to their beneficiaries' urgent needs as well as their sense of dignity.