Mrs Diallo went recently to Africa at the request of the ICRC for which she drew up a report, which it gives us pleasure to publish, in view of the interest of the Red Cross in demonstrating that the profound idea which inspired it, the idea of respect for human dignity and of unselfish help for those who suffer, is an inseparable part of man's heritage.

Advances in military technology have led many, including the developers of such technology, to propose new regulation. International lawyers have extensively examined the adequacy of the existing law to address emerging technology, but they have devoted relatively little attention in these analyses to the prior development of the law as a result of, or despite, technological change. This essay highlights two challenges that those wishing to undertake such an exercise might encounter. The first of these is the general paucity of serious engagement with the history of international law applicable in armed conflicts and the perpetuation of a particular “origin myth” of international humanitarian law. The second challenge has to do with the controversies about the impact of technology on society in general, and the impact of military technology on warfare in particular. Nevertheless, the essay concludes by pointing towards some of the insight that might be gained from a more history-conscious analysis of the relationship between technology and law in the military context.

Over thirty years ago the International Committee of the Red Cross (ICRC) submitted a report on the reaffirmation and development of the laws and customs applicable in armed conflicts to the 21st International Conference of the Red Cross held in Istanbul. The purpose of that report was to identify legal issues that, in the ICRC's view, warranted a new effort to codify international humanitarian law (IHL). As is well known, almost a decade later, the texts of the two Protocols Additional to the Geneva Conventions were adopted and opened for signature and ratification. Additional Protocol I, among other things, codified rules on the conduct of hostilities, expanded the protection of certain categories of persons and included, among others, wars of national liberation within the scope of international armed conflict. Protocol II, although more ambitiously envisaged at the start, elaborated on the provisions of Article 3 common to the Geneva Conventions and laid down basic safeguards that must be applied in non-international armed conflicts.

The proper and dignified management of the dead is one of the three pillars of the humanitarian response to disasters, along with the rescue and care of survivors and the provision of essential services. First launched in 2006, the widely used publication Management of Dead Bodies after Disasters: A Field Manual for First Responders offers practical and easy-to-follow guidelines. It has become the go-to guide not only for non-experts confronted with dead bodies in the aftermath of a catastrophe, but also for those responsible for disaster planning and preparedness in countries with well-developed forensic services. Ten years after the publication of the 2006 Manual, a revised edition has been released. The inclusion of a decade of experience in its field implementation, as well as the incorporation of recent scientific developments in mass fatality management, makes the revised Manual an invaluable resource for first responders confronted with the realities of dead body management following a disaster.

The Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce the sufferings of civilians and ordinary citizens during rebellion and civil wars. At the same time, Islamic law asserts that the territory under the de facto control of the rebels is de jure part of the parent state. It therefore answers the worries of those who fear that the grant of combatant status to rebels might give legitimacy to their struggle.

The humanitarian principles – humanity, neutrality, impartiality and independence – have come to characterize effective humanitarian action, particularly in situations of armed conflict, and have provided a framework for the broader humanitarian system. Modern counterterrorism responses are posing significant challenges to these principles and the feasibility of conducting principled humanitarian assistance and protection activities. This article explores the origins of the principles, the history behind their development, and their contemporary contribution to humanitarian action. The article then discusses some of the ways in which the principles are threatened, both by practice and by law, in the Australian context, and finally makes suggestions as to how the principles can be reclaimed and protected for the future of effective, impartial humanitarian action.

The impact of disciplinary military sanctions on respect for international humanitarian law depends on the extent to which the principles governing that law have been integrated into the disciplinary rules of the armed forces and the range of responsibility of the commanding officer giving an order which breaches international humanitarian law or which does not ensure respect for it. Whereas the armed forces rely on a strong principle of obedience, respect for international humanitarian law depends essentially on the superior officer whose responsibility is subject to sanctions imposed by international criminal judges within a judicial system which aims to make sanctions an effective means of ensuring respect for international humanitarian law.

Concern about the effects of certain conventional weapons, particularly landmines, is not new. Had that concern been lacking, the 1980 Convention on Conventional Weapons (CCW) would not have been formulated. Nor would some of the earlier studies on the issue by UN bodies have been written. What is new is a heightened interest in the problems caused by landmines, particularly in post-conflict settings. Several factors have contributed to the increased recognition that even though the CCW is in place, it has not addressed the ever-worsening situation on the ground. (The United States army estimates that 400 million landmines have been sown since the beginning of the Second World War, including at least 65 million in the last 15 years.)

Professor Peter Wallensteen is the Dag Hammarskjöld Professor of Peaceand Conflict Research at Uppsala University, Sweden, and is also ResearchProfessor of Peace Studies at the Joan B. Kroc Institute for International PeaceStudies, University of Notre Dame, USA. He is the director and founder of theUppsala Conflict Data Program (UCDP), which since 1982 has recorded ongoingviolent conflicts and collected information on an expanding range of aspects ofarmed violence, including conflict dynamics and resolution. The UCDP data areone of the most widely-used data sources on global armed conflicts, and itsdefinition of armed conflict is becoming a standard in conflict studies. TheUCDP has made its findings available in an online database at www.ucdp.uu.se

The tragedy of internal strife affects a large and growing number of countries throughout the world. The situations in many of these countries have been studied by UN bodies, governmental agencies and non-governmental organizations and, of course, by the International Committee of the Red Cross. On the basis of their reports, it would be possible to describe the symptoms of internal strife specific to these particular countries. However, this paper focuses on the general features characteristic of internal strife, without reference to particular countries, since accounts of the situation in any specific country inevitably prompt debate over conflicting factual allegations. Such debate would deflect us from our tasks of developing and understanding of the nature of internal strife and suggesting the necessary remedies.

In the last thirty years, tens of thousands of Sri Lankans have experienced enforced disappearances of family members. In 2016, many members of such families came before the Consultation Task Force on Reconciliation Mechanisms, which was mandated to gather views on how people thought the transitional justice mechanisms should be designed, how they should be established and how they should function. This process allowed the families to share their experiences and to outline what they saw as important in shaping the transitional justice mechanisms. This article surveys the complex nature of their distress and psychosocial needs, as expressed by them during the consultations. It proposes that transitional justice mechanisms should be designed to protect their psychosocial well-being, address their complex psychosocial needs, and provide them with support and protection before, during and after their engagement in the mechanisms.

Contemporary foreign fighters (FFs) often join so-called dual-nature groups, i.e. groups that can at the same time be qualified as a non-State armed group involved in a non-international armed conflict and a terrorist organization. Both international humanitarian law and counterterrorism (CT) legislation may hence be of relevance when assessing the legality of FF conduct. The CT perspective tends to remain predominant, however. This paper argues that, especially in terms of prosecution, due regard must be paid to both legal frameworks where possible. It also argues that national prosecution in the country of origin seems to offer the best prospects for realizing such cumulative prosecution.

A sharp debate has emerged about the importance of humanitarian organisations speaking out against misdeeds and, more generally, on the ethical and moral aspects of doing humanitarian work in the face of mass violence. That debate has pushed out of the spotlight a number of essential questions regarding the work of the International Committee of the Red Cross (ICRC) during the Second World War. The aim of this text is to scrutinize the ICRC's humanitarian operations for detainees of Nazi concentration camps during the final phase of the war in Europe. We look beyond the risks faced by ICRC delegates working in Germany to show how difficult the organisation found it to carry out a humanitarian operation for concentration-camp detainees in the very particular circumstances that prevailed in Europe at that time. The ICRC was an organisation designed to collect information on and to protect and assist prisoners of war, and its hastily mounted response is indicative of the strenuous task it faced in re-inventing itself during the final stages of the war and the minor role it was assigned in the occupation programmes imposed by the Allied forces.

Animals are the unknown victims of armed conflict. They are regularly looted, slaughtered, bombed or starved on a massive scale during such hostilities. Their preservation should become a matter of great concern. However, international humanitarian law (IHL) largely ignores this issue. It only indirectly, and often ambiguously, provides animals with the minimum protection afforded to civilian objects, the environment, and specially protected objects such as medical equipment, objects indispensable for the survival of civilian population or cultural property. This regime neither captures the essence of animals as sentient beings experiencing pain, suffering and distress, nor takes into account their particular needs during wartime. To address these challenges, two strategies are possible: the first strategy would be to apply existing IHL more effectively to animals, if necessary by creative interpretation in line with the animals’ needs. This strategy comprises two options: animals could be included into the categories of combatant/prisoners of war or of civilians. Animals would thus benefit from many guarantees given to human beings in armed conflict. Alternatively, and perhaps more realistically, animals could be equated with “objects” under IHL, while the relevant rules would be reinterpreted to cater for the fact that animals are living beings, experiencing pain, suffering and distress. The second strategy, which could be envisaged as a long-term objective, would be to adopt a new international instrument specifically aimed at granting rights to animals, notably in relation to prohibiting the use of animals as weapons of war.

The United States' foreign policy in the first decade of the twenty-first century and its involvement in armed conflicts in Iraq and Afghanistan have given rise to a reinvigorated interest in international humanitarian law (IHL), commonly referred to in the United States as the law of armed conflict. Conversations about whether to classify detainees as prisoners of war, debates about what constitutes torture, and numerous surveys attempting to measure the public's knowledge about and views on the rules of war are offering an opportunity to examine Americans' views on IHL. This article will reflect on those views, providing numerous examples to illustrate the complexities encountered when near universally accepted legal standards of conduct are layered upon the fluid and unpredictable realities of modern warfare. The article will also highlight the impact that battlefield activities can have on domestic debates over policy choices and national conscience.

L'auteur présente et analyse les résultats des travaux de la Commission préparatoire de la Cour pénale internationale chargée d'élaborer les éléments des crimes de guerre qui compléteront les dispositions du Statut de Rome. Dans une première partie, il examine plusieurs questions à propos des relations existant entre la définition des différents crimes et les principes généraux de droit pénal. Il analyse ensuite les éléments des crimes dérivés des infractions graves aux Conventions de Genève et au Protocole additionnel I, et les violations de l'article 3 commun à ces Conventions. Il relève que la Commission préparatoire a été confrontée au défi de refléter corredement le droit international humanitaire existant. L'auteur conclut avec quelques réflexions sur la valeur des résultats obtenus.