In any discussion about security, the primary consideration must be the need to preserve the neutrality, independence and impartiality of humanitarian action. This is the essential precondition for the ICRC's ability to protect and assist the victims of conflict. Sooner or later, any humanitarian activity which runs counter to these fundamental principles either incurs the mistrust of the people it intends to assist or becomes completely paralysed.

For decades it has been taboo to mention the role played by religious organizations in development cooperation. Today, however, there is growing awareness of the contribution that these organizations can make to sustainable development, just as there is of the risk they pose of abuse and conflict aggravation. Those involved in development therefore have to learn to cope with the double-edged nature of these organizations. Government donor agencies and faith-based organizations should jointly monitor their work in conflict-prone areas to ascertain whether it fosters peaceful settlement of conflict or whether, in fact, it aggravates the violence.

The current initiative on the humanitarian consequences of nuclear weapons has offered States the opportunity to reinvigorate the disarmament debate. While Africa has taken this opportunity to engage on nuclear disarmament, the impact of its efforts remains to be seen. The purpose of this article is to recall the value of African engagement, and to identify the important role that South Africa could play in leading the African continent in its call for a world free of nuclear weapons.

The events in Lebanon and the despatch of a UN armed force to keep the peace there brings into focus a problem which cannot be ignored, the application of international humanitarian law in armed conflicts. This problem has two aspects:

— What is the nature of the armed forces which the UN commits or can commit at the present time?

— To what extent are these armed forces obliged to apply humanitarian law?

A plus d'une reprise, certains milieux médicaux internationaux ont souhaité voir paraître une étude qui résumerait et analyserait les dispositions des Conventions de Genève de 1949 intéressant directement les médecins, et qui mettrait en lumière non seulement les devoirs que leur tracent ces Conventions, mais aussi les droits qu'elles leur donnent.

Disability inclusion has become a crucial issue for humanitarian action, at least at the international policy level. However, little is known about how humanitarian actors are “doing inclusion” in practice. With a case study on South Sudan, this article examines whether the increase in publications, policy tools and guidelines has made humanitarian action more inclusive for persons with disabilities, and how stakeholders can overcome persisting barriers for persons with disabilities. The article demonstrates noticeable progress in data collection, capacity-building, the removal of barriers and meaningful participation, but humanitarians still lack the skills, confidence and resources to address many persisting barriers. To advance inclusion, donors and humanitarian organizations must invest more time and resources in capacity-building and coordination.

This essay explores how the drafters of international humanitarian law (IHL) incorporated the past into their work between 1860 and 2020, and how they approached time, memory and history as indicators for this view of the past. Its sources consist of the complete series of general conventional and customary IHL instruments as well as the leading commentaries on them. For the IHL view of time, the impact of legal principles on the perception of time is scrutinized. Balancing nonretroactivity against customary international law and the humanity principle broadens the temporal scope towards the past, while balancing legal forgetting against imprescriptibility and State succession broadens it towards the future. For the IHL view of memory, dead persons and cultural heritage are seen as crucial vectors. Attention to the fate of the dead has been a constant hallmark of IHL, while care for cultural heritage has an even longer pedigree. For the IHL view of history, the essay highlights that the International Committee of the Red Cross has consistently advocated State duties to the war dead and has organized an archival infrastructure to satisfy the need – later converted into a right – of families and society to search for the historical truth about them.

Furthermore, the responses of IHL drafters to five major historical challenges are examined. First, while in the realm of war crimes impunity prevailed for most of history, after World War II a system of war crimes trials was mounted, culminating in the International Criminal Court. Second, soul-searching about the atrocities of World War II, including the Holocaust, helped create Geneva Convention IV of 1949, which protects civilians in wartime. Third, the human rights idea was not fully embraced by IHL treaty drafters until 1968. Fourth, the IHL approach to civil wars was slow and incomplete, but its appearance in 1949 and coming of age in 1977 were breakthroughs nevertheless. Fifth, colonial conflicts were not recognized as international wars in 1949, when this could have had considerable impact, but only in 1977, when decolonization was largely over. In all cases, the responses to these historical challenges came after long delays. Clearly, the IHL view of the past has to be assessed on a transgenerational scale.

This article examines the value of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) in the general quest for the regional and global protection of internally displaced persons (IDPs). It contends that the absence of a globally binding legal instrument for the protection of IDPs underlines the importance of the Kampala Convention and the possible contribution it can make to global and regional efforts to create a binding legal framework for the protection of IDPs. While recognizing some challenges that may impact the full implementation of the Convention, the article concludes by noting its various positive elements that are invaluable in overall efforts to create a comprehensive global legal framework to enhance protection of IDPs.

The Central Tracing Agency is a permanent and integral part of the International Committee of the Red Cross. Yet it retains an autonomous character during conflicts, as laid down in the four Geneva Conventions.

It is the duty of the Central Tracing Agency to carry out the mandate entrusted in time of war to the two central information agencies mentioned in Article 123 of the Third Convention and Article 140 of the Fourth Convention, namely: the central information agency for prisoners of war, and the central information agency for civilian internees and other protected persons. The Geneva Conventions contain about twenty–five articles relating to the role of these agencies, their relations with the Detaining Power, with the “Power of origin”, with the captives and with their families.

Las cuestiones que el Movimiento Internacional de la Cruz Roja y de la Media Luna Roja se plantea hoy sobre el sentido de su acción no difieren de las que se planteaban al comienzo del Movimiento: ¿Cómo prestar la mejor ayuda posible? ¿Cómo socorrer en lo inmediato y proteger a largo plazo? Para responder a estas preguntas, hay que remontarse a los primeros años del Movimiento.

Les prisonniers de guerre, les internés civils et autres victims de la guerre sont autorisés à entretenir avec leur famille une correspondance et à transmettre régulièrement de leurs nouvelles. Le nombre des correspondances expédiées peut être réduit, selon les circonstances, mais le droit à la correspondance a été établi fermement par les Conventions de Genève de 1949.

Before stating the terms of the problem we intend to examine, it is necessary first of all to explain what is meant by “the imperative necessity of implementing international humanitarian law”.

The remarkable advances made during the last few years in technology, and particularly in electronics, and the increasingly rapid development of scientific inventions are likely to render obsolete the protective markings of the medical service as laid down in the Geneva Conventions of 12 August 1949.

Red Cross doctrine and human rights doctrine have gradually converged, revealing spheres of activity and formal research common to both. It may be interesting to consider to what degree the idea of protection of human rights was present in the minds of the founders of the Red Cross, and how their original purposes were extended until they included some basic aspects of protection of the human individual.

As the Swiss people ponder over their European destiny and the future of Switzerland's status of permanent neutrality, some commentators have raised the question whether the ICRC will be able to maintain complete independence — whichever way Switzerland turns — in conducting its humanitarian operations based on the fundamental principles of the Red Cross.

In the last decade considerable expense has been invested in non-lethal weapons development programmes, including by the United States military and other members of the North Atlantic Treaty Organization and members of the European Working Group Non-Lethal Weapons. This paper acknowledges the potential suitability of non-lethal weapons for specific situations arising on the battlefield, but cautions against those who advocate for any weakening of existing international humanitarian law frameworks to provide for greater employment of non-lethal technologies.

While the rules of international humanitarian law (IHL) on humanitarian access are clear, implementing them at the national level can become challenging. To ensure full respect for those rules, States must strike a balance between preserving the security of the civilian population and humanitarian organizations and ensuring that people have access to goods and services that enable the full enjoyment of their rights. This article seeks to show how the IHL rules governing humanitarian access apply in the context of the Sahel region of Africa. First, it describes the multiplicity of armed actors that are present in the Sahel and the humanitarian situation in this region. Next, it addresses the legal framework applicable to humanitarian access under IHL applicable in non-international armed conflicts. The article then examines the measures that have been taken by the States of the Sahel to protect the civilian population and humanitarian organizations, such as the resort to declaration of states of emergency and to armed escorts. It is shown that these measures can hinder the delivery of impartial humanitarian assistance. Finally, the article describes some creative solutions that have been put forward by Sahelian States to facilitate humanitarian access. Examples of these include the creation of coordination mechanisms to foster dialogue on humanitarian access where all concerned actors are invited to participate; the adoption of domestic legal frameworks related to humanitarian access through which this access is proclaimed and its violation sanctioned; and the recognition of humanitarian exemptions in counterterrorism laws.

This article examines how the protection of migrants, refugees and internally displaced persons (IDPs) is spoken about and framed. Today it is evident that the dominant responses of sovereign States to each of these groups is heavily reliant on the language of security and (de)securitization, and this article openly conceptualizes ongoing attempts to protect migrants, refugees and IDPs as a series of overlapping (de)securitized “games”. At least three arguments follow from this claim. First, adopting this approach serves as a reminder that the ways in which different groups of people are spoken about often constitutes a dividing line between life and death. Second, the language games of (de)securitization are not identical when it comes to protecting different groups. Third, using securitization as the theoretical point of departure provides a timely reminder that none of the three categorizations listed above is guaranteed to apply. On the contrary, the adoption of each linguistic label – migrant, refugee, IDP – is subject to and dependent upon audience acceptance. Remembering the latter dimension is imperative to fully comprehend the ongoing contestations and countermoves in response to people moving in search of security. By way of conclusion, the article contends that far more attention must be paid to broader understandings of acceptance and love to ensure the protection of migrants, refugees and IDPs.

Although the Geneva Conventions have been successively revised since 1864, norms regarding the protection of medical care have been frequently disregarded. Despite current claims of international humanitarian law in crisis, comparing historic levels of violations with contemporary incidents is quantitatively challenging. Reviewing past reactions and justifications used by perpetrators of attacks on medical care can, however, be revealing. Based on a series of emblematic cases, qualitative analysis of perpetrator discourse can contribute to a better understanding of why the protection of medical care in armed conflict continues to be problematic to this day, notably through the rationales given for attacks, which have remained remarkably consistent over time.

The ICRC has on various occasions drawn the attention of National Red Cross Societies to the importance of an ever wider dissemination of the Geneva Conventions. In March 1971, it sent them a letter relating to the teaching of international humanitarian law in universities. Recently it reverted to the subject in a circular which we publish below, followed by the outline of a course on international humanitarian law which Mr. Jean Pictet, Vice-President of the ICRC, is giving at the University of Geneva, and which he has authorized us to reproduce.