The trauma of coming face to face with the horrors of a battlefield and witnessing first-hand the abandonment of the war-wounded led Henry Dunant to two ingenious concepts: the creation of permanent volunteer relief societies and the adoption of a treaty to protect wounded soldiers and all who endeavour to come to their aid. On the initiative of Gustave Moynier, a committee was established in Geneva to implement Dunant's proposals. That committee – which soon took the name ‘International Committee of the Red Cross’ (ICRC) – convened two international conferences, the first of which laid the foundation for the future relief societies while the second adopted the initial Geneva Convention. This article considers the circumstances that led to the founding of the ICRC and then to that of the International Red Cross and Red Crescent Movement, starting with Solferino and culminating in the adoption of the Geneva Convention.

It has rightly been said that the International Red Cross and Red Crescent Movement does not stand for any specific philosophy or moral doctrine. Neither the fundamental principles nor international humanitarian law (IHL) provide a methodical interpretation of human nature or an inventory of the moral rights and obligations of the Movement's members. The Movement adheres to no particular ideology or political system. On the contrary, its universality enables it, with varying degrees of success, to adapt to or even influence various political regimes or tendencies in order to promote humanitarian aims. This ability can be attributed in particular to its respect for the principle of neutrality.

Transitional justice is a conspicuous feature of responses to mass atrocities. Rooted in accountability and redress for victims, transitional justice mechanisms influence and are influenced by collective memory of conflicts. This article looks at the dynamics between memory, trauma and forgiveness in Cambodia. Thirty years after the Khmer Rouge regime, Cambodians expressed limited knowledge of the past, a strong desire for the truth, and lingering feelings of hatred. The Extraordinary Chambers in the Courts of Cambodia (ECCC) created or renewed demand for truth, along with some desire for harm to come to the wrongdoers. Although the ECCC was set up several decades after the mass atrocities, the data suggest that the ECCC and the civil society movement associated with it may have had positive outcomes on addressing the legacy of the violence.

Si la population civile est trop souvent la cible principale des hostilités, notamment lors des conflits armés non internationaux, les femmes, elles, sont régulièrement les victimes les plus durement affectées. Les traités de droit international humanitaire contiennent des dispositions spéciales destinées à protéger les femmes dans la guerre, en particulier contre les actes de violence sexuelle. L'auteur de cet article élargit le débat pour examiner également la situation de la femme en sa qualité de mère ou de chef de famille, car, lorsque les hommes sont au combat, ce sont les femmes qui assurent la survie de la famille et de la communauté. Les dispositions des Conventions de Genève et de leurs Protocoles additionnels sont passées en revue, tant pour les conflits armés internationaux que non internationaux. Pour conclure, l'auteur donne une information intermédiate sur l'étude y relative, en cours d'élaboration au CICR, à la demande de la XXVIIe Conférence Internationale de la Croix-Rouge et du Croissant-Rouge.

Three main arguments may explain why few cases in international (and national) criminal law include charges for attacks against civilians or civilian objects. The law may be not sufficiently clear, there may be a lack of evidence or the selection of military targets may be based on mainly subjective considerations, which make it very hard to establish individual culpability. This article examines some legal and practical reasons for the difficulties the prosecutor faces when trying to charge individuals with such crimes. Although there are few examples, the ICTY has shown that it is generally possible to hold individuals responsible for such crimes.

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.

Attacks on health workers, clinics, hospitals, ambulances and patients during periods of armed conflict or civil disturbance pose enormous challenges to humanitarian response and constitute affronts to the imperatives of human rights and civilian protection. Violence inflicted on humanitarian aid workers is gaining the global attention it warrants. While the number of attacks on aid workers has decreased in recent years, in a handful of places, notably Sudan, Afghanistan, and Somalia, they have become more spectacular and frightening, with aid agencies targeted for kidnapping and subjected to use of explosives because of their perceived affiliation with Western governments. The assaults have galvanised the humanitarian aid community to track attacks and to engage in intensive and sophisticated discussion of means to increase operational security. After worldwide consultation, in 2011 the United Nations (UN) Office for the Coordination of Humanitarian Affairs (OCHA) issued a report that summarised the fruits of experience and stimulated consideration of security strategies for aid providers. By contrast, however, until very recently the far larger number of incidents of violence inflicted on and interference with indigenous health services and on international and local development agencies by state and armed groups has received comparatively little attention.

The use of the term ‘victim’ as an identity can have different implications, depending on who is using it, claiming it, rejecting it or attributing it to others. Its negative connotations may have an impact on the person or persons concerned. This implies that the term should be used with some care and insight. The article analyses the use and function of the word ‘victim’ at different levels in the work and actions of the International Committee of the Red Cross (ICRC). Noting the extent to which the term is or is not used with caution, it points to the evolution in awareness from a certain institutional discourse to the current careful wording displayed in research and publications. The article stresses the importance of aid workers being able to recognize the potential and active identity of a person beyond the institutional label as ‘victim’, as this constitutes an important step in respecting that person's human dignity.

The development in the last 50 years of the principles that comprise human rights law has had a major impact on international humanitarian law and indeed on international law generally. In more recent years, the movement for recognition of the equal rights of women has been exerting its own influence on human rights law and to some effect. In 1979, for example, the international community adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which 155 States are now party. Consideration is currently being given to the adoption of an Optional Protocol that will allow for individual and group complaints to be brought before the CEDAW Committee. Governmental and non-governmental organizations have increasingly focused on women's human rights. As a result, a wide range of studies, reports and recommendations on various aspects of the issue is available. The topic of women is thus firmly established on the international human rights agenda.

The use of “drones” has grown exponentially over the past decade, giving rise to a host of legal and other issues. Internationally, it is the utilization of armed drones by States for the extraterritorial targeting of persons that has generated significant debate. This article attempts to outline some aspects of the relevant legal framework, with a focus on the international law applicable to drone strikes in situations of armed conflict. It briefly addresses the jus ad bellum and then centres on the jus in bello, addressing, in turn, questions related to when there is an armed conflict, what the rules on targeting are, who may be targeted and where persons may be targeted.

As the First Review Conference of the 1980 Convention on Conventional Weapons (CCW) closed in Geneva on 3 May 1996, there was widespread dismay at the failure of the States Parties to reach consensus on effective ways to combat the global scourge of landmines. The CCW Protocol II as amended on 3 May 1996 (Protocol II as amended) introduced a number of changes that were widely welcomed, but it fell far short of totally prohibiting these weapons, a move already supported by more than 40 States. Keen to sustain the international momentum that might otherwise have slackened, the Canadian delegation announced that Canada would host a meeting of pro-ban States later in the year to develop a strategy to move the international community towards a global ban on anti-personnel mines.

This article analyses how the events of the late 1960s – and in particular the Nigeria–Biafra War – marked a turning point in the history of the International Committee of the Red Cross (ICRC). The Nigeria-Biafra conflict required the ICRC to set up and coordinate a major relief operation during a civil war in a post-colonial context, posing several new challenges for the organisation. This article shows how the difficulties encountered during the conflict highlighted the need for the Geneva-based organisation to reform the management of its operations, personnel, and communications in order to become more effective and professional. Finally, the article takes the examination of this process within the ICRC as a starting point for a broader discussion of the changing face of the humanitarian sector in the late 1960s.

Recent catastrophes, and predictions of an increasing potential for more, have stimulated thinking about the best policy responses to these threats. This article explores how security concepts influence catastrophe governance. The article considers how globalization affects thinking about catastrophes and describes ways in which catastrophes have been conceptualized as governance challenges, such as the human rights approach to the provision of health and humanitarian assistance. The article explains how health and humanitarian assistance experienced “securitization” in the post-cold war period, a development that challenges rights-based strategies and creates complex and controversial implications for the prevention, protection and response functions of catastrophe governance.

This article looks at the legal position of the International Committee of the Red Cross (ICRC) on situations in which a State, a coalition of States or an international or regional organization intervenes in a pre-existing armed conflict, either giving support to one of the parties or exercising control over a non-State armed group party to the armed conflict (hereafter “non-State party”). For the purposes of this article, foreign intervention is considered to be a form of “co-belligerency” of such a degree that it makes the intervening power a party to the armed conflict. Situations in which there is no objective link between the foreign intervention in the territory of a third State and a pre-existing armed conflict in that same territory are therefore excluded from the scope of this article.

The aim of this article is to describe how the ICRC determines the applicability of international humanitarian law to such situations, based on the existing law and an approach that examines each bilateral relationship between belligerents separately.

The article also explains why the ICRC abandons the use of the term “internationalized internal armed conflict”, which is misleading in that it suggests that only the law of international armed conflict applies. The ICRC is therefore using new terminology for the legal classification of such situations; this change is intended to align the terminology used with the realities of the applicable law.

Nuclear weapons raise fundamental questions which go to the very heart of international humanitarian law and of Red Cross assistance activities. Sixty years after Hiroshima and Nagasaki, the author describes the attempts of the International Committee of the Red Cross to deal with these weapons.

Key issues raised by the use and operation of private military and security companies, particularly in conflict areas, are their accountability and how to control them. National regulation, however, is still rare. States have a role to play first as contractors. Considered selection, contracting and oversight procedures and standards may help promote respect for human rights and international humanitarian law by companies and their staff. Secondly, territorial and exporting states may consider adopting regulations to increase control and promote accountability. In view of this still largely unregulated phenomenon, this contribution considers elements of contracting and regulatory options.

The Geneva Conventions of 12 August 1949 provide that medical personnel and equipment shall in general be identified by the distinctive emblem of the red cross or red crescent. The Second Geneva Convention, applicable to the victims of conflict at sea, specifies that the exterior surfaces of hospital ships and smaller craft used for medical purposes shall be white and recommends that the parties to the conflict use “the most modern methods” to facilitate identification of medical transports at sea (Art. 43).