ABSTRACT
This research paper dwells into the future prospects and challenges faced by international humanitarian laws. The paper examined the effectiveness of IHL during major conflicts like World Wars I and II, the study highlights instances of non-compliance, leading to the establishment of foundational conventions and the Tehran Conventions. The 21st century witnesses an array of challenges, with violations of IHL becoming more pronounced, especially in asymmetric situations and areas of conflict like Gaza. The research classifies concerns including over-reliance on conventions, disregard for established rules, and the complexity of armed conflicts in order to identify developing challenges. It draws attention to the importance of combatant status, asymmetrical circumstances, and the influence of climate change on armed conflicts as critical issues that require consideration within the context of international humanitarian law. The study makes recommendations for doable strategies for the efficient implementation of IHL in the future. Among the suggestions are the requirement to handle changing challenges like advances in technology and concerns about the environment, the establishment of important duties and norms through global cooperation, and improved education and awareness campaigns. Case studies from the US, Canada, Palestine, Ukraine, and Somalia highlight the difficulties and practical uses of international humanitarian law.
KEYWORDS
International Humanitarian Laws, War, Armed Conflicts, Challenges, Future
INTRODUCTION
Occurrence of wars and armed conflicts could be traced back to thousands of yearsfromthe primitive societies of ancient civilizations to the technologically advanced modern civilization. From bow and arrow, war chariots, swords and navel weapons to cannons, grenades, atomic bombs and machine guns time changed. The objectives of war and armed conflicts remained constant irrespective of beneficiaries and methodology. The ones at loss were always the helpless civilians. When a wife lost her husband, a child lost her parents, when a manlost his family, they were labelled as collateral damage. The ones with power and position while attaining objectives of war, remained pretentiously ignorant of the lives shattered under their feet. This has been a constant loop against which the international humanitarian laws were introduced.
The bedrock motive of international humanitarian law had always been protection of people especially those who were not engaged in war or armed conflicts. The term ‘international humanitarian law’ was first used in 1864 Redcross resolution XXVII. The international humanitarian law could be identified as a combination of various conventions and treaties. The Hague convention 1970and Geneva Convention 1949 deals with the major portions of international humanitarian law.[1]The use of international humanitarian law could be analysed as means to mitigate the sufferings of people affected by war. In 1864 the Amelioration of the Condition of the Wounded in Armies in the Field was adopted and was inspired from book of Henry Dunant[2], 1869 marked with declaration of Saint Petersburg not to use bullets with potential to explode when touched by the human tissues.[3] Followed by 1899 and 1907 Hague Conventions which were proved not capable enough to extend humanitarian aids while World War I broke out. The Geneva Protocol of 1925 prohibited biological weapons and 1929 was about the prisoners of war and how they have to be protected. The massive use of weapons and explosives including atomic weapons in World War II clearly proved that previous conventions were disregarded and human rights were violated on large scale. Four conventionsto be followed at times of war and armed conflicts were adopted, which became the backbone for International Humanitarian Law. Tehran Conventionsaimed tostrengthen the existing conventions which later recommended for Additional protocol in 1977.
Throughout 21st century various conventions and treaties were concluded to achieve the major objectives of international humanitarian law.The century we belong to is the one which requires practical application of international humanitarian lawas the need of hour. The future of humanitarian law and challenges shall be addressed in this paper.
RESEARCH METHODOLOGY
This research paper has employed secondary research methodology based on ICRC reports, data, articles, online sources and books. The use of this research methodology paved way to better understanding of the issues and challenges faced by International Humanitarian Law at present as well as to know the importance of international humanitarian law in future. The research methodology gave prior importance to analyse and decode the information embedded in the secondary sources as to inculcate the advanced and authentic information with regard to the international humanitarian law and its future and challenges. The secondary research methodology thereby gave valuable insight into the topic which helped to furnish the details of this research paper.
LITERATURE REVIEW
The literature review encompasses key historical milestones, current status, emerging issues, and future trends related to IHL. The study explores the historical foundations of IHL, tracing them back to prehistoric societies and concentrating on the shift from antiquated armament to contemporary technological innovations in conflict. It draws attention to significant events like the Red Cross resolution of 1864 and the Hague Conventions of 1899 and 1907 that followed, highlighting the goal of safeguarding people who were not actively participating in military conflicts. The review of literature discusses how IHL is currently recognized and accepted by countries all around the world. It highlights the accords from The Hague and Geneva, pointing out that by 2013, 195 nations had ratified the Geneva accords. The legal foundation for IHL was further reinforced by the Additional Protocols of 1977. Having an emphasis on the harrowing facts of civilian losses and crimes during armed wars, a critical examination of the current issues facing IHL is provided. The suffering of civilians in conflict areas, such as Gaza, is a striking illustration of how humanitarian norms are broken. Numerous incidents of violations, such as those involving chemical weapons of mass destruction, displacement, and withholding of medical help, are reported by the International Committee of the Red Cross (ICRC), demonstrating the critical need to tackle issues compromising the fundamental goals of IHL. The review of the literature looks at suggestions for the future of IHL. It promotes working together with governments, civic society, and international organizations. For the credibility of democracy, it is stressed that a motion passed by the UN General Assembly (UNGA) is more important than a decision made by the UN Security Council (UNSC). The article argues that a comprehensive understanding of international humanitarian law (IHL) that goes beyond Western-centric viewpoints is necessary and that fundamental obligations and principles should be established on a global scale. The whole essence of the research paper can be understood as the basic goal to furnish the importance of internationalhumanitarian laws so that the citizens and people not part of war shall be ensured safety amidst the armed conflicts and war crimes. The research paper holds the spirit that a bleak future without proper humanitarian laws cannot be afforded at the current pace of humanitarian law violations.
THE LEGAL FRAMEWORK – CURRENT STATUS OF INTERNATIONAL HUMANITARIAN LAW
International humanitarian laws are recognised by various countries around the world. These can be traced in conventions of Hague from 1899, 1907, 1954, 1957, 1970, and 1973 and the Geneva conventions are accepted and ratified by 195 countriesby 2013 April[4]. The Additional protocol 1 has been assented by 174 states as of June 2015,the additional protocol II was at stake as the non-international armed conflicts related provisions were dealt under this protocol which many states did not recognize, however by June 2015 almost 165 states ratified. The status of International Humanitarian Law has been growing in 21st century. AALCO, ICRC and various other organisations have been collectively working for this cause. 2000,2002 and 2003 marked with the valuable contributions and ideas for steadfast growth of international law by the seminars and conferences held by AALCO.[5]However,the current trends on violation of international humanitarian laws could be traced on huge scale as we live in times of war. The civilians and innocent ones who are not part of war are being targeted and killed. The genocides and massacres are clearly violating the guidelines laid down in these conventions which is paving way to rise of challenges in this arena.
For instance, the plight of citizens in Gaza under humanitarian lens is very pathetic. The innocent lives spoiled in war represents the contraventions of international humanitarian law. Thus, there exist clearcut examples were international humanitarian laws face challenges.
EMERGING ISSUES AND CHALLENGES
The ICRC has reported massive suspicion of violations of international humanitarian law which estimate 400 cases in a local field survey, 515 people were exposed to hazardous chemical explosives, 348 missing cases amidst the armed conflict,123,000 people were displaced from their native places, 39404 people were under confinement. The foundational objectives of international humanitarian laws are at stake as the guidelines are violated by competing parties during times of war or armed conflicts. The civilians are murdered, women and men are subjected to sexual violences, unarmed groups are targeted, protected objects are under attacks, medical aids are denied or delayed wilfully.The major challenges faced by international humanitarian law can be classified as following heads-
- The armed conflict and conventions – The over dependence on Geneva conventions and additional protocol has given the filter of using them as the only reference to mitigate the effects of armed conflicts, Moreover, the use of international humanitarian laws cannot be limited to the effects of armed conflicts but also other forms of violences.
- The failure to implement – The international humanitarian law is facing issues and challenges mainly due to non-implementation of already existing rules and not because there are no well-established set of rules. The laws formed from time to time is not implemented on proper scale.
- IHL the tool –It is understood that for any law to have proper implementation the people regulated must be abiding the laws apart from the penalty that may arise in times of violations. International Humanitarian laws cannot beidentified as sole panacea against all violence as the solution to reduce the suffering of individual also depend on the social, cultural and political aspects of society.
- The combatant status – The combatant status was given only in case of armed conflicts leaving the unlawful combatant status untouched which was yet another issue that IHL had to face.
- Asymmetrical Situations – The states that are not well developed may get to face the worst outcomes during wartimes when the asymmetrical resources paves way to the developed opposing state to fight against the less developed state under an assured victory where IHL is easily neglected. [6]The state having less economic resource for instance could face the worst effects of war were the rights guaranteed under international humanitarian law is neglected.
FUTURE TRENDS IN INTERNATIONAL HUMANITARIAN LAW
Through venues like the International Conference of the Red Cross and Red Crescent, governments should work toward a broad consensus for the creation of key responsibilities as well as standards of International Humanitarian Law (IHL). It is imperative that important groups like the ICRC and civic society become involved. Although a UNSC decision would be legally enforceable but would encounter opposition from permanent members, a UNGA resolution can offer democratic and procedural legitimacy. [7]The suggested fundamental duties and tenets may correspond to the regulations of current treaties, akin to the methodology employed in the framework of the International Labor Organization. As they correspond to the respective understanding of current commitments under customary law and established International Humanitarian Law (IHL) treaties, the nations should pledge to define their individual fundamental responsibilities and tenets in the declaration. By dispelling the myth that IHL exclusively benefits Western interests, this strategy seeks to improve ownership and distribution inside each state. It dispels the false belief that the majority of governments disobey IHL by making these regulations public, therefore enhancing IHL’s legitimacy and promoting adherence. The statement compares the use of local legislation to define the parameters of international environmental law regulations, with the viewpoint of the International Court of Justice. States may set up a domestic assessment and commenting mechanism to consider the guidelines outlined in the Declaration, determining if any departure from established International Humanitarian Law (IHL) norms is warranted and looking into how those principles are being applied. For this system to efficiently carry out its function, it must be distinct from the services provided by the government. The plan includes armed forces as well, however not all states will immediately embrace this and it may be put into effect later on. Subsequent to the adoption of the Declaration, the entity that oversaw peer evaluation regular-going basis may require a yearly public statement from every national apparatus. Through this review—which can be assisted by an expert body—new treaty provisions based on recommendations for updated or new regulations from national mechanisms might be considered and formulated. It might not be suitable for an oversight body made up of governments to receive reports from the procedures established by armed groups. The regulations enacted by non-state actors and armed groups could be reviewed and consolidated by a non-state specialist body, perhaps connected to the Geneva Call. This would allow the states’ scrutinized body to see emerging trends and possible new regulations without assigning particular regulations and procedures to any particular group.
The international humanitarian laws need to be a both accepted and respected. There were difficulties facing the Geneva Conventions, which were adopted in 1949, noting that only a small number of states have signed them some years after their inception, although applauding the Conventions’ broad popularity. The article underlines the International Committee of the Red Cross’s ongoing dedication to pushing governments to pass the Protocols in order to bring them to the same level of universal recognition as the 1949 Conventions and conveys worry about the current state of affairs.It is crucial that people understand and assimilate the laws that are in place, especially those who are required to follow them. Education of all armed services personnel—from the lowest-ranking soldiers to the top commanders—as well as those tasked with carrying out their duties under international humanitarian law during conflict situations, is essential to accomplishing this. The speaker makes a point of saying that talks about upholding and developing humanitarian law lose significance for the same victims that these laws are meant to protect if information isn’t consistently and effectively disseminated among all pertinent groups and levels. The most crucial part is to respect and learn about international humanitarian laws.
In future it is very evident that technological revolution shall cause significant changes in international legal spheres where international humanitarian laws shall also have an effect of the same. The advanced technology and military weapons would need advanced legal research and legal precautions which is debated under international humanitarian laws. It is highly possible that it would be necessary to keep working as to improve the procedures for holding people accountable and enforcing IHL infractions. This entails making sure states fulfil their responsibilities and enhancing the prosecution of those guilty of war crimes. The growing effects of climate change may prompt conversations on how environmental problems and armed conflicts interact, and how IHL should develop to meet these new difficulties. IHL may change as a result of the drafting of new treaties to meet modern issues and the formation of new customary rules. It might be possible to investigate additional convergence between the laws regarding human rights and international humanitarian law to create a more complete agreement on protecting people amid armed situations. It may become more important than ever to guarantee that citizens, aid workers, and armed forces all have a better grasp of and adherence to the principles of war by emphasizing IHL knowledge and instruction. There could be debates over how IHL may successfully manage the activities of non-state players in armed conflicts, given their dynamic character.
International humanitarian law and national implementation
The evolution of Indian military doctrine during the country’s 5,000-year history, highlighting the impact of Dharma-based Hindu and Buddhist ideas in earlier times. While enforcing these values was the top priority for kings in ancient India, the application of international humanitarian law (IHL) in contemporary Indian history has drawn criticism. India has demonstrated resistance to ratifying the Additional Protocols to the 1949 Geneva Conventions, even though it is a party to the four Geneva Conventions that have been globally approved. The essay draws attention to how irrespective of its domestic problems and several border disputes, modern India is seen as being unconcerned with upholding its duties under international law, especially those related to international humanitarian law (IHL).[8]
Education and Awareness
The United Arab Emirates declared last year that its actions will prioritize raising public understanding of international humanitarian law. Education about this topic is scheduled to be offered at multiple universities, institutions, and schools across the nation. This is a component of the National Commission on International Humanitarian Law’s strategy for the upcoming year. To inform youngsters regarding humanitarian many workshops are going to be held in collaboration with the Ministry of Education and other prestigious universities. The Foreign Affairs Minister and a number of other well-known individuals endorse this effort. Educating the upcoming generations about the principles of international humanitarian laws are important as the concept of peace and tranquillity cannot be lost. The wars happening around the world may overlap and sometimes undermine the rights available to individuals who are not part of wars nor armed conflicts. Therefore, raising knowledge of this legislation will ensure that the humanitarian law’s regulations are observed and that people are shielded from the brutality of both states and armed non-state actors. Many lives can be spared and the cruel practices can be stopped if more people are aware of this rule. Therefore, it is imperative that people worldwide understand regarding this law, and schools should do just that. It is essential that people understand their rights in order to preserve humanity. The time after the war is also crucial that the people if are aware about their rights they can prevent and restrain such activities. If the legislation gains widespread recognition, it will obliquely contribute to peace both during and after the war. It is because nations (or non-state organizations) will be reluctant to carry out war crimes since they are aware that they would be held accountable for their deeds and may face legal repercussions. There are different portals that are available online and offline that anyone from anywhere in the world could have access.
CASE STUDY
The following case studies shall give a broader idea regarding the important aspects of international humanitarian laws and how it is relevant.
Case study – IHL challenged in Somalia 2022 –
With no penalty, all sides involved in the conflict in Somalia persisted in committing grave breaches of international humanitarian law. Al-Shabaab stepped up its illegal assaults on people. Roughly 1.8 million people were displaced due to violence and an extreme drought brought caused by an insufficient amount of rain, which sparked a fresh round of humanitarian crises. The human rights of displaced individuals were severely violated; violence that was gender-based targeted women and girls in particular. Although the government raised the health budget, there was still a serious lack of accessibility to food, water, and hygiene, and insufficient medical care. There were restrictions on the right to free speech, and journalists faced harassment, assault, arbitrary detention, and legal action. Media outlets were put on hold. Officials in Somaliland are severely restricting the freedoms of association, peaceful assembly, and expression. This case analyses the extend of contraventions of international humanitarian laws.[9]
Case study of Palestine Prisoners in Israel Prisons –
As per the data published by Al Jazeera there are about 10000 Palestinian citizens in Israel prisons who were captured during the times of war. They are being subjected to cruelty and ill-treatments. This is a direct contravention of humanitarian law. The medical assistance assured under Geneva conventions 1949 are not provided and the women are not treated respecting their gender which is a direct provision under Geneva Convention. This case study highlights how the people of Palestine are not granted their basic right to live and the extent to which international humanitarian laws are violated. [10]
Ukraine – Russia Case Study on IHL
A serious issue involving human rights, humanitarian aid, and relocation was brought on by the Russian seizure of Ukraine. Numerous civilians were killed in reckless assaults by Russian forces utilizing weaponry with wide-area impacts. A minimum of 25 civilians were murdered on September 30 when a humanitarian shipment in Zaporizhzhia was struck by Russian missiles. In addition, Russian military took control of substantial portions of the country and barred residents from receiving assistance from humanitarian organizations. Growing evidence of illegal suspension of freedom, brutal treatment, sexual assault, unlawful killings, and various additional crimes by Russian soldiers surfaced as Ukraine regained control over several territories.
Case study of Canadian War Crime Programme –
Ensuring that Canada does not serve as an oasis of refuge for war criminals was the aim of the War Crimes Program.The favoured course of law has been to prevent war criminals from entering the country and to expel those who are suspected of committing war crimes, as opposed to prosecuting those responsible.51 Despite the fact that the War Crimes Program’s present managers promote their program as an inspiration to the globe,52 Canada is heavily criticized for not doing more to ensure the war criminals are brought to justice through its War Crimes Initiative.
Case Study of US War Criminal Prosecutions –
Finding potential war criminals is something the US is quite good at, primarily ex-Nazis. When they have been discovered, the US has typically decided to either charge them for immigration or naturalize fraudulently or to extradite the individuals in question from the country without providing sufficient guarantees that their identities will face legal action. The constitutional obligation of the United States to guarantee the indictment of alleged war criminals is broken by action.
RECOMMENDATIONS
The most important recommendation to have a better implementation of international humanitarian law is to respect and accept the laws. The states while formulating laws need to understand and inculcate the essence of international humanitarian laws in the legislations. While interpreting laws it is mandatory that the laws so interpreted are not contrary to international humanitarian laws. The schools and colleges need to enhance the curriculum and provide the young generations a wider perspective of the laws including international humanitarian laws. The history of IHL have to be analysed so as not to repeat the past mistakes and the laws for future must incorporate the solutions and precautions for the past mistakes. The relations beyond borders and boundaries need to be improvised so as to cater the needs od people at times of wars and armed conflicts.
CONCLUSION
The future of international humanitarian law is crucial where constant innovation and adaptation are required due to the changing nature of violent conflicts and new problems. The research paper’s recommendations emphasize how important it is for everyone to work together to promote international humanitarian law (IHL) and ensure that it remains relevant in the face of evolving battle dynamics and technological breakthroughs. It is critical to strengthen systems that improve transparency, legal compliance and civilian protection as the worldwide community struggles to resolve the complexity of today’s conflicts. In order to prevent and terminate disputes diplomatically, the call to action also includes combating cyberwarfare, controlling the arms trade, and promoting international collaboration. In order to foster an environment of adherence to humanitarian principles, it is imperative that stakeholders spend money on awareness-raising and education initiatives that provide military personnel, decision-makers, and the general public with an in-depth knowledge of international humanitarian law (IHL). In order to promote an all-encompassing and all-encompassing approach, non-state actors—including non-governmental organizations—must actively participate in the development and use of IHL standards. The ability of international humanitarian law to withstand hardship and remain effective in the face of unpredictability depends on the resolve of all people on the planet. We can create a more equitable and compassionate world where saving lives and reducing suffering are of utmost importance during times of conflict by adopting these suggestions and cultivating an ethic of reverence for the values of mankind, a neutral position, fairness, and liberty.
REFERANCE
[1] Cordula Droege, How international humanitarian law develops,104 IRRC 1798,1800-183 (2022).
2 Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, Geneva, 22 August, 1864, 75 UNTS 287
3 Robert Kolb and Momchil Milanov, “The 1868 St Petersburg Declaration on Explosive Projectiles: A Reappraisal”, Vol. 20, JHIL 517, 520 (2018).
4 Bassiouni, Cherif. “Humanitarian Law.” In Encyclopaedia of Genocide and Crimes against Humanity ,469–73. Detroit: Thomson/Gale, 2004.
5 (Document AALCO/NOTES & COMMENTS/ UNGA/612006 pages 155-160.
6Current debates on IHL,ICRC Report available on https://www.icrc.org/en/war-and-law/contemporary-challenges-for-ihl visited on 30 December 2023
7Marco Sassoli, “How will international humanitarian law develop in the future?” 104 IRRC 2052–2076 (2022)
8 Sanoj Rajan, “International Humanitarian Law in the Indian Civilian and Military Justice Systems” available at https//: www.cambridge.org.com accessed on 31 December 2023
9Violations of human rights and international humanitarian law in Central and Southern Somalia, https://www.amnesty.org visited on January 1 2024
10 Hamza Sulaiman, “Rights of prisoners under the international humanitarian law: a case study of the Palestine prisoners in Israel prison” VOL29 IIUM2 (2021)
[1]Cordula Droege, How international humanitarian law develops,104 IRRC 1798,1800-183(2022).
[2]Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, Geneva, 22 August, 1864, 75 UNTS 287
[3] Robert Kolb and Momchil Milanov, “The 1868 St Petersburg Declaration on Explosive Projectiles: A Reappraisal”, Vol. 20, JHIL517, 520 (2018).
[4] Bassiouni, Cherif. “Humanitarian Law.” In Encyclopaedia of Genocide and Crimes against Humanity ,469–73. Detroit: Thomson/Gale, 2004.
[5](Document AALCO/NOTES & COMMENTS/ UNGA/612006 pages 155-160.
[6]Current debates on IHL,ICRC Report available on https://www.icrc.org/en/war-and-law/contemporary-challenges-for-ihl visited on 30 December 2023
[7]Marco Sassoli, “How will international humanitarian law develop in the future?”104 IRRC 2052–2076 (2022)
[8]Sanoj Rajan, “International Humanitarian Law in the Indian Civilian and Military Justice Systems” available at https//: www.cambridge.org.comaccessed on 31 December 2023
[9]Violations of human rights and international humanitarian law in Central and Southern Somalia, https://www.amnesty.org visited on January 1 2024
[10]Hamza Sulaiman, “Rights of prisoners under the international humanitarian law: a case study of the Palestine prisoners inIsrael prison”VOL29 IIUM2 (2021)
Author - Janaan Naseeb Mulamparambil