International Humanitarian Law: Nature and Evolution

NAME – SHARAD MISHRA.

SEMESTER- VII
HIDAYTULLAHA NATIONAL LAW UNIVERSITY, RAIPUR, (C.G.)

TOPIC – INTERNATIONAL HUMANITARIAN LAW: NATURE AND EVOLUTION.

INTRODUCTION
In today’s unstable situation, the first purpose of international co-operation is, and should
remain the prevention of armed conflicts and the maintenance of international peace and
security. The second is to preserve humanity in all circumstances, even during conflicts,
which is the primary intention of international humanitarian law. It cannot be said that the
incidence of armed conflict has become any rarer since the end of the Second World War.
Rather, a host of conflicts across the world, both international and non-international, have
highlighted as never before the extent to which civilians have become targets and the growing
need to ensure the protection of the wounded, the sick, detainees and the civilian population
afforded to them by the rules of international humanitarian law (IHL).

International humanitarian law is an important component in maintaining peace. It is a

permanent reminder that armed conflict and enmity between civilians on opposite sides of a
conflict are temporary, exceptional situations: no enemy is an enemy forever. 1 Civilized life
— both within and between communities — is founded on peaceful relations in which peace
is not the absence of conflict, but the harmonious management of conflicts. Furthermore, the
very nature of humanitarian law shatters the dangerous illusion of unlimited force 2 or total
war, creates areas of peace in the midst of conflict, imposes the principle of a common
humanity, and calls for dialogue. International humanitarian law is increasingly part of global
thinking on security issues at the national, regional and international levels. The inclusion of
humanitarian law complements the current concept of human security, which Paul Kennedy
identifies as a broadening of national security to "anything on the globe which challenges a
people’s health, economic well-being, social stability and political peace." 3 In this thinking,

1
W Broyles Jr, Brothers in Arms: A Journey from War to Peace, Knopf, New York, 1986.
2
The principle of the limitation of armed violence is reflected in contemporary written law, in the Saint-
Petersburg Declaration of 1868, as well as in Article 22 of The Hague Regulations of 1907, which stipulates
that, "[t]he right of belligerents to adopt means of injuring the enemy is not unlimited." This text is taken up
again, slightly reworded, in paragraph 1 of Article 35 (Basic rules) of Additional Protocol I of 1977: "In any
armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited."
3
See P Kennedy, Preparing for the Twenty-First Century, Random House, New York, 1993, p. 130

INTERNATIONAL LAW PROJECT Page 1

 International Humanitarian Law: Nature and Evolution

the implementation of humanitarian law should form part of a culture of conflict prevention
for the 21st century.4

WHAT IS INTERNATIONAL HUMANITARIAN LAW?

International humanitarian law, an oldest branch of public international law, deals with
humanitarian problems which arise directly or indirectly from international or non-
international armed conflicts.5

“International Humanitarian Law applicable in armed conflicts” means set of international

rules, established by treaty or custom, which are specifically intended to solve humanitarian
problems that arise directly from international or non-international armed conflicts. For
humanitarian reasons, these rules protect persons and property that are, or may be, affected
by conflict by limiting conflicting parties’ rights to choose their methods and means of
warfare. It protects persons who are not – or no longer – taking part in hostilities and restricts
the means and methods of warfare. The expression “international humanitarian law
applicable in armed conflict or jus in bello” is often abbreviated to International
Humanitarian Law or Humanitarian Law.6

Hence, the International humanitarian law is a set of rules which seek, for humanitarian
reasons, to limit the effects of armed conflict. International humanitarian law is part of
international law, which is the body of rules governing relations between States. International
law is contained in agreements between States – treaties or conventions –, in customary rules,
which consist of State practise considered by them as legally binding, and in general
principles. International humanitarian law applies to armed conflicts. It does not regulate

4
Z Brzezinski, Out of Control: Global Turmoil on the Eve of the Twenty-First Century, Scribners, New York,
1993, p. xv; also: Carnegie Commission, Preventing Deadly Conflict: The Final Report of the Carnegie
Commission on Preventing Deadly Conflict, New York, December 1997, p. 257; and B Lown, Clearing the
Debris: The Atomic Age at 50, Technology Review, 18 August 1995.

5
The first collective government effort to codify the rules began with a diplomatic conference
convened at Geneva in 1864, which set up the Red Cross Organisation with the aim of providing for
amelioration of the fate of members of the armed forces wounded on the battlefields. That conference adopted
1864 Convention on the subject. Three names, will always remain linked with this humanitarian work and the
genesis of the Red Cross Organization viz., those of the English Nurse Florence Nightingale, the Swiss Writer
J.H.Duant and his countryman Gustava Mornier, President of the Soci'et'e d' Utilite' Publique of Geneva, which
convoked an international congress in that town in 1863.Sec.J.H.W.Verzijl, International Law in Historical
Perspective (Vol. ix),P.125.
6
Definition elaborated by the International Committee of the Red Cross and generally accepted. Source:
Commentary on the Additional Protocols of 8 June 1977, ICRC, Geneva, 1987, p. XXVII.

INTERNATIONAL LAW PROJECT Page 2

 International Humanitarian Law: Nature and Evolution

whether a State may actually use force; this is governed by an important, but distinct, part of
international law set out in the United Nations Charter.

THE PURPOSE OF INTERNATIONAL HUMANITARIAN LAW

International humanitarian law is part of public international law. The aim of international
humanitarian law is to ‘humanize’ warfare by limiting the human suffering caused by armed
conflict. Although it might seem more prudent to forbid all forms of war, it would hardly be
achievable in practice. As a result, war must be fought within certain legal boundaries. The
rules of international humanitarian law strike a careful balance between concerns for
humanity and military necessity.7

International humanitarian law is a collection of rules that protects civilians and soldiers who
are no longer participating in hostilities. Its purpose is to limit and prevent human suffering in
times of conflict. IHL is directed primarily at states, which have a duty to respect it and
ensure that it is respected. IHL is applicable only in times of armed conflict, and it does not
deal with the question of whether the use of force by states or other actors is legal. Nor does it
apply in natural disasters or in situations in which states abuse their citizens. In other words,
IHL accepts the reality that wars will take place and seeks to mitigate the effects of war on
civilians. It is a pragmatic approach, far from pacifism, which sees war itself as evil.

IHL prohibits making the civilian population or individual civilians the object of attack, using
starvation of civilians as a method of warfare, and launching indiscriminate attacks affecting
the civilian population. Apart from the rules on the conduct of hostilities, IHL also seeks to
protect civilians who find themselves in enemy hands during armed conflict by specifically
prohibiting murder, torture, mutilation, rape, corporal punishment, collective punishments,
taking of hostages and denial of the right to a fair trial to civilians subject to criminal
process.8

The purpose of international humanitarian law or the law of armed conflict– formerly called
the “law of war”–is to make warfare subject to the rule of law by limiting its destructive
effects and mitigating human suffering. International humanitarian law has two types of
response to the challenges of war. By means of the law of war it extends protection and

7
Michael Ibanga, Evolution of International Humanitarian Law: Past Developments & Current Trends, 11 Sri
Lanka J. Int'l L. 131 1999.
8
http://www.icrc.org/eng/assets/files/other/what_is_ihl.pdf

INTERNATIONAL LAW PROJECT Page 3

 International Humanitarian Law: Nature and Evolution

assistance to those affected by the hostilities and regulates the means and methods of warfare.
It is one of the oldest realms of international law. It is an ancient yet also open-ended project
and it requires constant effort.9

HISTORICAL DEVELOPMENT OF INTERNATIONAL HUMANITARIAN

LAW
The sources of ancient India, which are the sources of Hinduism, tell us that the Indian
civilization was the first to recognize the importance of the International Law and the
principles of International Humanitarian Law. An enormously popular epic called the
Ramayana provides laws governing war in ancient India can be summarized in these two
principles10:
I. Armed opponents must first always be warned-: There must be a declaration of
war to the other kingdom through an ambassador. A warning of attack during the
war in cases of dropping of weapons.

II. Unarmed must never be harmed-: International usage in ancient India made a
distinction between combatants and non- combatants and recognized the modern
principles of various grades in enemy character.

The conception of Modern IHL can be traced to the Battle of Solferino. One witness of that
carnage, a businessman from Geneva named Henry Dunant, published a short book in 1862,
A Memory of Solferino, in which he vividly depicted the horrors of the battle and also tried
to suggest and publicize possible measures to improve the fate of war victims. He presented
three basic proposals designed to mitigate the suffering of the victims of war. To this end, he
proposed11:

 That voluntary society is established in every country which, in time of peace, would
prepare them to serve as auxiliaries to the military medical services.
 That States adopt an international treaty guaranteeing legal protection to military
hospitals and medical personnel.
 That an international sign of identification and protection of medical personnel and
medical facilities be adopted.
9
http://www.rodekors.dk/files/DRK_2011/Detgoervi/Krigens%20regler/handbook_on_ihl.pdf
10
Dr. H.O. Agrawal. International Law & Human Rights, Central Law Publications, 16th ed. (2009) pg 902
11
ibid

INTERNATIONAL LAW PROJECT Page 4

 International Humanitarian Law: Nature and Evolution

At that time, a private welfare association existed in Geneva: The Society for the Public
Good. Its President, Gustave Moynier who created a special committee (in 1863), and the
“International Standing Committee for Aid to Wounded Soldiers” This committee would, 15
years later, become the International Committee of the Red Cross (ICRC) 12. To this end, a
diplomatic conference was held in 1864 in Geneva and the 16 states represented finally
adopted the “Geneva Convention of 22nd August 1864 for the “Amelioration of the Condition
of the Wounded in Armies in the Field”. The convention provided for13:

 Immunity from capture and destruction of all establishments for the treatment of all
the wounded and combatants.
 Impartial treatment and reception of all combatants.
 Protection of civilians rendering aid to the wounded;
 Recognition of the Red Cross symbol as the means of identifying persons and
equipments covered by the agreement.

THE HAGUE CONVENTIONS

In 1899, the so called Peace Conference at The Hague was convened on the personal
initiative of the Emperor Nicholas II of Russia, 26 nations took part in this conference. This
conference resulted in adoption of some important conventions, one of which was with
respect to Laws and Customs of War on Land and also, adaptation of the Geneva Convention
to the Naval Warfare14.

The Second Hague Peace Conference of 1907 was again convened by Nicholas II, and was
attended by 44 nations; thirteen conventions were adopted out of which 4 were related to
International Humanitarian Law. The Hague Convention IV of attempted to humanize
warfare and to codify the laws of war. The two principles related to humanity which was
adopted in this Convention are:

 The right of belligerents to adopt means of injuring the enemy is not unlimited.
(Article 22 of the Hague Convention).
 Belligerents are forbidden to employ arms, projectiles, or material calculated to cause
unnecessary sufferings. (Article 23(e) of the Hague Convention).

12
http://www.redcross.ca/cmslib/general/the_evolution_ilaw.pdf
13
Dr. H.O. Agrawal. International Law & Human Rights, Central Law Publications, 16th ed. (2009) pg 902
14
ibid

INTERNATIONAL LAW PROJECT Page 5

 International Humanitarian Law: Nature and Evolution

It is to be noted that the rules laid down by The Hague convention as to the Conduct of war
were frequently disregarded in practice by many warring parties in varying degrees. A regime
of lawlessness and tyranny was established in during the First and Second World War,
purposeful destruction by the States ignored every single aspect of Humanitarianism.

GENEVA CONVENTION OF 1949

During the Second World War shocking crimes were committed against the humanity. A
Warring parties had barbarously negated human values and dignity. A regime of lawlessness
and tyranny was established in during the First and Second World War. Then with the intent
to extend and codify the existing provisions of IHL in IRCC in Stockholm held on August 23
to 30, 1948. The Conference developed 4 conventions which were approved in Geneva on
August 12, 1949 which were15:

1) Convention for Amelioration of the Condition of the Wounded, Sick in Armed Forces
in the Field.
2) Convention for Amelioration of the Condition of the Wounded, Sick and ship-
wrecked Members of the Armed Forces at Sea.
3) Convention Relative to the Prisoners of War.
4) Convention Relative to the Protection of Civilian Persons in Time of War.

All the above conventions came into force on October 21, 1950. These conventions imposed
corresponding duties upon the protecting power, the ICRC and other Humanitarian
Organization, and its purpose was to reduce or limit the sufferings of individuals and to
circumscribe the area within which the savagery of armed conflict is permissible. 16 These
conventions provided a number of humanitarian principle to various classes of persons such
as the wounded and sick in armed forces in the field as well as at sea, prisoners of war and
civilian persons in time of war. In the case concerning Military and Paramilitary Activities in
and Against Nicaragua, the International Court of Justice stated that in its view the Geneva
Conventions are in some respects a development, and in other respect no more than
expression, of such principles.17

15
ibid
16
Starke, STARKE’S INTERNATIONAL LAW (11th ed., 1994) Oxford University Press

17
ICJ Reports ()1986, p. 113-114.

INTERNATIONAL LAW PROJECT Page 6

 International Humanitarian Law: Nature and Evolution

Hague Law18 and Geneva Law19 applicable in armed conflicts have become so closely
interrelated that they are considered to have gradually formed one complete system, known
today as International Humanitarian Law.20 These fundamental rules are to be observed by all
States whether or not they have ratified the Conventions that contain them, because they
constitute the intransgressible principle of International Customary Law.

ADDITIONAL PROTOCOLS (FIRST, SECOND AND THIRD) TO THE GENEVA

CONVENTIONS 1977

It was realised that the Geneva Conventions of 1949 are not sufficiently broad in scope to
cover all armed conflicts. The UN Conference on HR of 1968 held at Tehran stated that the
massive denial of human rights, arising out of aggression or any armed conflict with their
tragic consequences, and resulting in untold human misery; endanger reactions which could
engulf the world en ever increasing hostilities. It was stressed that it is an obligation of the
international community to cooperate in eradicating such scourge. The resolution entitled
‘HR in armed conflicts’ affirmed that even during the periods of internal armed conflicts
humanitarian principles must prevail, and therefore, it called for measure to ensure better
protection of civilians, prisoners of war and combatants in all armed conflicts.

WHAT IS THE DIFFERENCE BETWEEN HUMANITARIAN LAW AND HUMAN

RIGHTS LAW?

International Human Rights Law (IHRL) and International Humanitarian Law (IHL) are
often perceived as legally synonymous, aiming to achieve similar objectives through legal
protection. Yet while they share important features, these two bodies of law have distinct
origins and in many ways constitute distinct projects. Both strive to protect the lives, health
and dignity of individuals, albeit from a different angle.

IHL applies in situations of armed conflict, whereas Human Rights, or at least some of them,
protect the individual at all times, in war and peace alike. However, some Human Rights

18
The Hague Law included conventions of 1899 and 1907, which were based partly upon the St. Petersburg
Declaration 1868 as well as the results of Brussels Conference of 1874. These Conventions fixed the rights and
duties of belligerents in their conduct of operations and limited the choice of methods and means of injuring the
enemy in armed conflict.
19
The Geneva Law included Conventions of 1864, 1906, 1929, and 1949. The Conventions protected the
victims of war and aims to provide safeguards for disabled armed forces personnel and persons not taking part
in the hostilities.
20
See Advisory Opinion of the ICJ on the Legality of Treat or Use by a State Nuclear Weapons in Armed
Conflict. Judgment was delivered on July 8, 1996, para 75.

INTERNATIONAL LAW PROJECT Page 7

 International Humanitarian Law: Nature and Evolution

treaties permit governments to derogate from certain rights in situations of public emergency.
No derogations are permitted under IHL because it was conceived for emergency situations,
namely armed conflict.21

IHL aims to protect people who do not or are no longer taking part in hostilities. The rules
embodied in IHL impose duties on all parties to a conflict. Human rights, being tailored
primarily for peacetime, apply to everyone. Their principal goal is to protect individuals from
arbitrary behaviour by their own governments. IHRL does not deal with the conduct of
hostilities.

The duty to implement IHL and HR lies first and foremost with States. IHL obliges States to
take practical and legal measures, such as enacting penal legislation and disseminating IHL.
Similarly, States are bound by IHRL to accord national law with international obligations.
IHL provides for several specific mechanisms that help its implementation. Notably, States
are required to ensure respect also by other States. Provision is also made for an enquiry
procedure, a Protecting Power mechanism, and the International Fact-Finding Commission.
In addition, the ICRC is given a key role in ensuring respect for the humanitarian rules.

Human rights implementing mechanisms are complex and, contrary to IHL, include regional
systems, Supervisory bodies, such as the UN Commission on Human Rights, International
Covenants, Human Rights Commissions etc. The Office of the UN High Commissioner for
Human Rights (UNHCHR) plays a key part in the overall protection and promotion of human
rights. Its role is to enhance the effectiveness of the UN human rights machinery and to build
up national, regional and international capacity to promote and protect human rights and to
disseminate human rights texts and information.22

Both IHL and IHRL aim to protect human life, prohibit torture or cruel treatment, prescribe
basic judicial guarantees, prohibit discrimination and regulate aspects of the right to food and
health. On the other hand, IHL contains rules which deal with issues not found in HR Laws,
such as the conduct of hostilities, combatant and prisoner of war status and the protection of
the Red Cross, crescent and crystal emblems. Similarly, IHRL deals with aspects of life in
peacetime that are not regulated by IHL, such as the freedom of the press, the rights to
assembly, to vote and to strike. The duty to implement IHL and HR lies first and foremost

21
http://www.ehl.icrc.org/images/resources/pdf/ihl_and_ihrl.pdf
22
http://opiniojuris.org/2011/05/31/ihl-and-international-human-rights-law-in-non-international-armed-conflict/

INTERNATIONAL LAW PROJECT Page 8

 International Humanitarian Law: Nature and Evolution

with States and both areas of law require governments to make international legal principles
domestically.23

RELEVANCE OF INTERNATIONAL HUMANITARIAN LAW

In recent years, international humanitarian law (IHL) has come to the forefront of public
interest and debate. IHL is the body of rules applicable in situations of armed conflict,
whether international or non-international. The IHL treaties most commonly referred to are
the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, although
IHL encompasses a range of other international treaties. In addition, many rules of IHL bind
parties to armed conflicts, even where treaties do not directly apply. These rules of customary
international law have been derived primarily from the practice and opinions of states over
time.

As promoter and guardian of IHL, the International Committee of the Red Cross (ICRC) can
only welcome broader awareness of this important body of law. Yet, some voices have
challenged the relevance of IHL to contemporary armed conflicts, suggesting that it is ill
equipped to deal with the threats posed to States when confronting non-State armed
groups. At the heart of this complaint is the belief that IHL somehow places governments at a
disadvantage by imposing obligations that tie their hands in the face of armed groups who are
free to employ “terrorism” to advance their goals.

This view could not be further from the truth. Parity of rights and obligations is a bedrock
principle of IHL. The rules governing the conduct of hostilities and the treatment of those not
or no longer directly participating in the fighting apply equally to all the parties involved in
an armed conflict. Non-State armed groups do not hold a privileged position under IHL.
Moreover, IHL obligations bind both States and non-State armed groups regardless of the
other parties’ behaviour because IHL's primary purpose is to protect all those not involved in
hostilities.

Applying IHL to non-international armed conflict also does not shield armed groups from the
reach of the State. To the contrary, IHL does not prohibit the targeting of persons taking a
direct part in hostilities, including, of course, members of non-State armed groups. And, IHL
does not stand in the way of detention, prosecution or punishment of members of armed
groups for criminal offenses under domestic law or for violations of international norms, such

23
http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_gen8Srv25Nme4_5705_1182745797.pdf

INTERNATIONAL LAW PROJECT Page 9

 International Humanitarian Law: Nature and Evolution

as the prohibition of deliberate attacks against civilians. However, persons detained in

relation to an armed conflict must in all circumstances be treated humanely in accordance
with the requirements of Article 3 common to the 1949 Geneva Conventions. Again, all
parties to the conflict are bound by these obligations.

Nor does IHL grant any privileges to “terrorism" as a tactic. It explicitly prohibits acts
committed in armed conflicts that are commonly referred to as "terrorist". It is a basic
principle of IHL that the parties engaged in armed conflict must at all times distinguish
between civilians and combatants and between civilian objects and military objectives. IHL
also prohibits the taking of hostages.

IHL further prohibits “measures of terrorism” and “acts of terrorism” against persons in the
power of a party to the conflict in both international and non-international armed conflict.
The Fourth Geneva Convention (Article 33) provides that “collective penalties and likewise
all measures of intimidation or of terrorism are prohibited”, while Additional Protocol II
(Article 4 (2) (d)) prohibits “acts of terrorism” against persons not or no longer taking part in
hostilities. In addition, customary IHL applicable in both international and non-international
armed conflicts prohibits acts or threats of violence intended to spread terror among the
civilian population.

Finally, the application of IHL to a situation of armed conflict in which an armed group is a
party does not grant legal legitimacy to the armed group. Common Article 3 expressly states
that its application does not affect the legal status of parties to an armed conflict. This
provision clarifies IHL's purely humanitarian purpose.

There are a myriad of other rules of IHL that further support its relevance and utility in
contemporary armed conflicts. The primary challenge faced today is not how to revise IHL
rules to make sense in modern wars, but rather how to ensure adherence to its norms so that it
can fulfil its protective function.

CONCLUSION AND SUGGESTIONS

Through that branch of international law known as international humanitarian law, or the law
of armed conflict (LOAC), the international community seeks to mitigate the horrors of war.
Humanitarian law protects combatants no longer able to take part in the fighting (for example
the wounded, sick and shipwrecked and prisoners of war), persons not taking part in the
conflict, such as civilians, and even civilian objects such as cultural and private property. It

INTERNATIONAL LAW PROJECT Page 10

 International Humanitarian Law: Nature and Evolution

prohibits or restricts the use of certain weapons and obliges military commanders to observe
certain rules relating to the methods of warfare. It also lays down rules governing the
relationship between States engaged in armed conflict.

The International Humanitarian Law of armed conflict, rather than being an end in itself,
constitutes a means to an end: the preservation of humanity in the face of the reality of war.
That reality confronts us every day; the means remains therefore necessary.

The promotion of the rules of international humanitarian law requires the cooperation and co-
ordination of many quarters, local, regional and international. The States parties play a key
role in implementing international humanitarian law, and implementation is more effectively
done, and arguably it is more important that it be done, in time of peace than in time of war.

On a more general level, the success of international humanitarian law lies in its neutrality in
armed conflicts and its genuine concern for human sufferings. Current trends in the evolution
of IHL involving the efforts of the United Nations in prohibiting the production or use of
certain weapons on the one hand, and enforcement of the law on the other, have given us a lot
of hope that general international law will be more efficacious in the ensuing century. These
new trends in the evolution of the law have some positive effects which include:

 enhancement of world peace through the reduction of the risk of war;

 greater effectiveness of international law through the establishment of necessary
implementation and enforcement structures; etc.

In the long term, proper conduct in compliance with the rules of IHL on the battlefields of
tomorrow will be achieved only if necessary investment is made in instruction and training, if
military commanders of all ranks make a personal commitment, if the principles of IHL are
made a part of practice-oriented training material, and implementation moves from theory to
more practical training which takes closer account of the realities of combat. Instruction and
training in IHL should be viewed as a process.

The fact that the armed forces of the future will face increased challenges in humanitarian
terms should be reflected in their training and military exercises. Integration is the key: what
is needed is not to create a specialist field for experts but to make international IHL an
integral part of all training programmes and incorporate it appropriately into all other
leadership, tactical, logistics and combat training.

INTERNATIONAL LAW PROJECT Page 11

 International Humanitarian Law: Nature and Evolution

Better protection of the civilian population in armed conflicts, especially internal armed
conflicts, and the prevention of humanitarian disasters occurring during or as a result of wars,
for example because of a growing number of refugees, will be some of the challenges of the
decades ahead.

Persuading all armed groups to comply with all or part of a minimum of internationally
recognised rules and to incorporate them into training will be the biggest challenge of all.
There is no magic formula for this. At present, patience, persuasion and direct discussions
with the leaders in charge on the spot seem to hold the most promise. In this respect the ICRC
and its services have much to offer.

The international community is called upon to maintain its efforts to incorporate the
principles of IHL into instruction and training. Both the regular armed and security forces and
troops serving in peace support operations can and must set an example which will have a
positive influence on all parties to the conflict. Although the International Criminal Court,
once established, is likely to have a deterrent effect, persuasion is to be preferred over threats.
We can do better than to start the next millennium with more barbarity. Making IHL a part of
instruction and training will continue to be the real challenge for all leaders of armed groups.

In the year marking the anniversary of the four Geneva Conventions the ICRC has taken a
number of initiatives, notably the “People on War “project. Under the slogan “Even wars
have limits “, a world-wide survey has been conducted to alert the international public to
developments and permit conclusions to be drawn.

There is no shortage of initiatives, appeals, reminders and even international contractual

regulations. The armed forces are required to translate these rules professionally into
effective instruction and training. That is where international humanitarian law is given a
chance - and there is no alternative.

INTERNATIONAL LAW PROJECT Page 12

 International Humanitarian Law: Nature and Evolution

REFERENCES
BOOKS
 Dr. H.O. Agrawal International Law & Human Rights, (16th ed.,2009) Central Law
Publications,
 Anthony Aust, Handbook of International Law (2nd ed. 2010) Cambridge University
Press.
 STARKE’S INTERNATIONAL LAW (11th ed., 1994) Oxford University Press
 IAN BROWNLIE, PRINCIPLES OF PUBLIC INTERNATIONAL LAW (7th ed. 2008) Oxford
University Press

ARTICLES
 ICJ Reports (1986)
 W Broyles Jr, Brothers in Arms: A Journey from War to Peace, Knopf, New York,
1986.
 P Kennedy, Preparing for the Twenty-First Century, Random House, New York,
1993, p. 130.
 Z Brzezinski, Out of Control: Global Turmoil on the Eve of the Twenty-First Century,
Scribners, New York, 1993.
 Carnegie Commission, Preventing Deadly Conflict: The Final Report of the Carnegie
Commission on Preventing Deadly Conflict, New York, December 1997.
 B Lown, Clearing the Debris: The Atomic Age at 50, Technology Review, 18 August
1995.
 Mike Ibanga, Determining the Proper Scope of International Humanitarian Law, 7 Sri
Lanka J. Int'l L. 95, 1995.
 Johannes Chan, Implementation of International Humanitarian Law, 8 Asia Pac. L.
Rev. 211, 2000.
 J. Patrnogic, International Institute of Humanitarian Law, 10 Int'l L. 551, 1976.
 Michael Ibanga, Evolution of International Humanitarian Law: Past Developments &
Current Trends, 11 Sri Lanka J. Int'l L. 131 1999.

WEBSITES AND WEB LINKS

 http://www.redcross.ca/cmslib/general/the_evolution_ilaw.
 http://bilder.buecher.de/zusatz/23/23509/23509556_vorw_1.pdf
 http://www.mkkk.org/eng/assets/files/other/interplay-article-droege.pdf
 http://www.wcl.american.edu/journal/ilr/15/carrillo.pdf
 http://www.icrc.org/eng/assets/files/other/what_is_ihl.pdf
 http://www.icrc.org/eng/war-and-law/contemporary-challenges-for-ihl/index.jsp
 http://www.icrc.org/eng/assets/files/other/customary-international-humanitarian-law-
i-icrc-eng.pdf

INTERNATIONAL LAW PROJECT Page 13

 International Humanitarian Law: Nature and Evolution

 http://www.redcross.org.hk/rcmovement/IHL_moot.pdf
 http://www.loc.gov/rr/frd/Military_Law/pdf/Constraints-waging-war.pdf
 http://www.rodekors.dk/files/DRK_2011/Detgoervi/Krigens%20regler/
handbook_on_ihl.pdf
 http://www.iihl.org/iihl/Documents/9729ipop.pdf

INTERNATIONAL LAW PROJECT Page 14