This article analyses recurring misconceptions about the questioning of prisoners of war. The author takes a two fold approach, first considering matters relating to the identification of prisoners of war, namely contemporary issues such as the use of modern identification techniques, and then discussing interrogation procedures that go beyond the establishment of a prisoner's identity. In this context particular attention is given to the question whether and, if so, at which point in time a prisoner of war starts to benefit from fair trial rights, namely the right to remain silent, the right not to incriminate oneself and the corresponding right to be informed about these fair trial protections.

In 2001 restoration of the ICRC's film archives covering the period 1920–1957 was completed. Nearly a hundred exceptional documents on the organization's activities were saved and made accessible to the public

This article relates the circumstances surrounding the ICRC's first steps in cinematography in the early 1920s. This innovative and promising medium was turned to good account to make known the ICRC's new assistance activities at the end of the First World War

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.

Although the South African War was a colonial war, it aroused great interest abroad as a test of international morality. Both the Boer republics were signatories to the Geneva Convention of 1864, as was Britain, but the resources of these small countries were limited, for their populations were small and, before the discovery of gold in 1884, government revenues were trifling. It was some time before they could put even the most rudimentary organization in place. In Europe, public support from pro-Boers enabled National Red Cross Societies from such countries as the Netherlands, France, Germany, Russia and Belgium to send ambulances and medical aid to the Boers. The British military spurned such aid, but the tide of public opinion and the hospitals that the aid provided laid the foundations for similar voluntary aid in the First World War. Until the fall of Pretoria in June 1900, the war had taken the conventional course of pitched battles and sieges. Although the capitals of both the Boer republics had fallen to the British by June 1900, the Boer leaders decided to continue the conflict. The Boer military system, based on locally recruited, compulsory commando service, was ideally suited to guerrilla warfare, and it was another two years before the Boers finally surrendered. During this period of conflict, about 30,000 farms were burnt and the country was reduced to a wasteland. Women and children, black and white, were installed in camps which were initially ill-conceived and badly managed, giving rise to high mortality, especially of the children. As the scandal of the camps became known, European humanitarian aid shifted to the provision of comforts for women and children. While the more formal aid organizations, initiated by men, preferred to raise funds for post-war reconstruction, charitable relief for the camps was often provided by informal women's organizations. These ranged from church groups to personal friends of the Boers, to women who wished to be associated with the work of their menfolk.

The 26th International Conference of the Red Cross and the Red Crescent will take place in Geneva in December 1995. This Conference, which meets every few years, is unquestionably the most important forum for addressing humanitarian issues. It is also a source of cohesion between States and the various components of the International Red Cross and Red Crescent Movement, whose history since its inception has been closely linked with Geneva. The 26th International Conference should have been held in Budapest in 1991, but was unfortunately postponed owing to political problems. As a result, nine years have passed since the last Conference in 1986, which was also held in Geneva.

Large companies can have both massively positive and massively negative impacts on communities, be it directly through their operations or indirectly through their influence on decision-makers. This is particularly true when business operations take place in conflict-affected or high-risk areas. Humanitarian organisations endeavouring to bring protection and/or assistance in these areas cannot, therefore, ignore these influential actors. Engagement with business actors – as well as with any other societal actor – should be framed within a clear rationale in order to deliver positive results. This article introduces the rationale that has been developed by the International Committee of the Red Cross (ICRC) and offers some examples of past engagement between the ICRC and business actors. It notes that occasions for humanitarian organisations to engage with business actors are likely to become more frequent in the coming years and argues that this trend, if properly managed, offers humanitarian organisations opportunities to leverage energies, know-how, and resources from the business sector for the benefit of the persons and communities that humanitarian organisations strive to protect and assist.

Atrocities by non-State armed groups (NSAGs) often capture international attention, but efforts to repair the harm they have caused are often overlooked. This article traces out some of the practices and tensions in NSAGs making reparations during wartime and in post-conflict transitions. It argues that engaging in reparations for acts committed by NSAGs can not only encourage greater compliance with international humanitarian law but also build support amongst civilian populations during armed conflict and facilitate ex-fighter reintegration at the end of hostilities. Drawing from interviews with a number of armed groups, the article also suggests that engaging with the armed group's organization rather than just individuals themselves can be an effective way to collectively mobilize a group's motivation and capacity to deliver on reparations, including recovery of disappeared persons, restitution of property and apologies. As such, this article seeks to contribute to a deeper understanding of reparation practices by NSAGs in order to see how reparations can be mediated and a hierarchy of reparation obligations developed.

To understand how war is perceived and how it has evolved over time, we must first choose the right agent to study: one that is at once involved in the bellicosity, and yet keeps its distance. Such an agent will be better placed to maintain an objective and rational view of developments. The International Committee of the Red Cross (ICRC) would seem to fit the bill. As a humanitarian organization that has been working with the victims of armed conflict for more than 153 years, the ICRC has plenty of experience of war, yet it preserves its ability to interpret critically in its capacity as non-belligerent. It is therefore in a position to grasp the evolution of mankind's oldest activity over one and a half centuries – a period during which warfare has undergone incredible and deadly transformations in conjunction with technological breakthroughs and the rise of extremist political ideologies. On top of this, the ICRC was itself, in its early days, made up of people who had experienced war in one way or another. Of the five members who decided to found the organization in February 1863, three had personally experienced armed violence to varying degrees. This fact also made the nascent organization uniquely entitled to voice its views on a subject of which it had empirical experience.

The States which have accepted international treaties on the law of war are bound “to respect and to ensure respect for these treaties in all circumstances”.

This general principle, stated in the 1949 Geneva Conventions, has to be put into practice. For that reason, the States “undertake, in time of peace as in time of war, to disseminate the text of the treaties as widely as possible and, in particular, to include the study thereof in their programmes of military and, if possible, civil intruction, so that the principles thereof may become known to the entire population, in particular to the armed forces”.

On 9 December 1994 the United Nations General Assembly adopted by consensus the Convention on the Safety of United Nations and Associated Personnel. In so doing it completed a process of codification and progressive development of international law at an unusually fast pace, considering that the Ad Hoc Committee entrusted by the 48th General Assembly (1993) with drafting the Convention took less than nine months to complete its task.

In the foreseeable future, it is more than likely that the types, dimensions, and dynamics of crisis drivers will increase dramatically, in some instances exponentially. While a growing number of organizations with humanitarian roles and responsibilities sense that such changes are afoot, few have looked at how these might fundamentally affect not only what they do but also how they do it. This article suggests that it is time for humanitarian organizations to look far more systematically at the transformational factors that will increase disaster vulnerabilities around the world and also the opportunities that exist to mitigate them. The article notes that some of the most transformative factors affecting humanitarian action will be the result of new political structures in the post-Western hegemonic world and the growing political centrality of humanitarian crises. The consequences of these and other transformative factors mean that those with humanitarian roles and responsibilities will have to be far more anticipatory and adaptive than is the case today. They will have to pay far greater attention to innovation and innovative practices and significantly expand the ways in which and with whom they collaborate.

In the first half of the nineteenth century in Europe, each army used a different colour to mark its medical services: Austria a white flag, France a red one, Spain yellow, others black. Sometimes, the emblems varied from one corps of troops to another. Moreover, the carts used to transport the wounded bore no particular markings to distinguish them from the other army service vehicles, and there was no means of identifying members of the medical corps at a distance.

The use of torture by the US armed forces and the CIA was not limited to “a few bad apples” at Abu Ghraib but encompassed a broader range of practices, including rendition to third countries and secret “black sites”, that the US administration deemed permissible under US and international law. This article explores the various legal avenues pursued by the administration to justify and maintain its coercive interrogation programme, and the response by Congress and the courts. Much of the public debate concerned defining and redefining torture and cruel, inhuman and degrading treatment. While US laws defining torture have moved closer to international standards, they have also effectively shut out those seeking redress for mistreatment from bringing their cases before the courts and protect those responsible from prosecution.

Legal controversies and disagreements have arisen about the timing and duration of numerous contemporary armed conflicts, not least regarding how to discern precisely when those conflicts began and when they ended (if indeed they have ended). The existence of several long-running conflicts – some stretching across decades – and the corresponding suffering that they entail accentuate the stakes of these debates. To help shed light on some select aspects of the duration of contemporary wars, this article analyzes two sets of legal issues: first, the notion of “protracted armed conflict” as formulated in a war-crimes-related provision of the Rome Statute of the International Criminal Court, and second, the rules, principles and standards laid down in international humanitarian law and international criminal law pertaining to when armed conflicts have come to an end. The upshot of the analysis is that under existing international law, there is no general category of “protracted armed conflict”; that the question of whether to pursue such a category raises numerous challenges; and that several dimensions of the law concerning the end of armed conflict are unsettled.

Le droit international humanitaire garantit la protection et l'assistance aux victimes de conflits armés, Cependant, hrsque des personnes deviennent victimes de violations du droit humanitaire, la protection conférée par cette branche du droit cesse de fait. En particulier, a priori elle offre aux victimes de violations graves peu de possibilités d'obtenir réparation, voire aucune.

Le droit international humanitaire diffère nettement sur ce point des tendances en droit international en la matière. Les droits de l'homme, branche de droit analogue mais distincte, définissent clairement le droit des victimes d'obtenir réparation en cas de violation des droits fondamentaux, Depuis peu, le Statut de Rome de la Cour pénale internationale autorise la Cour à déterminer dans sa decision l'ampleur du dommage, de la perte ou du préjudice causé aux victimes et à lew accorder une réparation. En revanche, le droit humanitaire ne garantit pas expressément le droit à un remède juridique aux victimes de violations.

Cet article examine les moyens juridiques mis à la disposition des victimes de violations du droit international humanitaire par le droit interne et le droit international pour qu'elles fassent respecter lews droits fondamentaux. II étudie la question de savoir si les victimes ont droit à un remède et dans quelle mesure elles peuvent faire valoir ce droit. Une brève étude des pratiques nationale et internationale tendrait ainsi à prouver que, s'il n'y a guère de doute sur le fait que les victimes jouissent de droits au titre du droit international humanitaire, ces droits ne semblent toutefois pas justiciable et ne peuvent donc que difficilement donner lieu à un remède.

The humanitarian mission maintains its ultimate objective of preventing and alleviating human suffering in situations of extreme crisis. In a different vein from the main subject of this edition- the future of humanitarian action – and using the power of images, Paul Bouvier, ICRC Senior Medical Advisor, brings us back exactly two centuries, to the ‘Peninsular War’ between French, Spanish and British, among the fiercest of the Napoleonic Wars.

The artist Francisco de Goya produced a series of etched plates known as The Disasters of War, which offered a hitherto uncommon view of war. By showing the horror and devastation of armed violence, the resulting dehumanization, and the distress and suffering of the victims, he denounced the consequences of war and famine and the ensuing political repression. Goya's lucid, compassionate, yet uncompromising depictions of war and its consequences are not only unique but also highly relevant today. His work is also an outcry and a plea for acts of humanity in the turmoil of armed violence, and anticipates the initiative that Henry Dunant would be prompted to take sixty years later, in Solferino. In a way, Goya announced Dunant.

Walking us through a selection of Goya's sketches, Paul Bouvier looks at victims, perpetrators, and eye-witnesses, and discusses how these images relate to the contemporary experience of humanitarian workers faced with the extreme violence of war. The author decrypts Goya’s sketches and relates them to the essence of humanitarian action as a response to human suffering.