This article examines the legal nature of the principles of impartiality and neutrality of humanitarian action, focusing on States as humanitarian actors. It argues that international law does not provide a general legal basis for the universal applicability of these principles, contrary to a common interpretation of the International Court of Justice's 1986 judgment in the Nicaragua case. Nevertheless, impartiality and neutrality may have a significant legal effect on the conduct of States. They may be directly binding on States through the operation of Security Council resolutions drafted in mandatory language. In addition, they may have indirect effect due to the States’ obligation to respect humanitarian organizations’ adherence to the principles. On the basis of this argument, the article pleads for increased conceptual clarity and, in turn, effectiveness of humanitarian action.

International humanitarian law and international human rights law seek to prevent people from going missing, and to clarify the fate and whereabouts of those who do go missing while upholding the right to know of their relatives. When implementing international law at the domestic level, national authorities should plan carefully before engaging in any policy or legal reform that will address the issue of missing persons and the response to the needs of their families. This article seeks to present a general overview of the provisions of international law that are relevant to understanding the role of national implementation vis-à-vis the clarification of the fate and whereabouts of missing persons and the response to the needs of their relatives. It also presents the role that the ICRC has played in this regard and highlights three challenges that may arise at the national level when working on legal and policy reforms.

Over the last few decades, an extraordinary amount has changed in our understanding of the history of international humanitarian law (IHL). This article addresses the latest findings in this new historiography, placing contemporary IHL issues in a broader historical context and sharing the author's own experiences as a researcher exploring the discipline's practice from a historical perspective. Ultimately, he makes a passionate case for history – by showing why this discipline has a lot to offer for practitioners of international law.

A Shiite resurgence in Iraq has generated a region-wide Sunni backlash, raising fears of an emerging sectarian rift that is colouring and aggravating local conflicts. After discussing the schism's origins, manifestations and implications, the author concludes that the primary battle in the region is not between Sunnis and Shiites but between the United States and Iran. A US–Iranian rapprochement would do much to reduce sectarian tensions, while the most effective long-term response to sectarianism itself will likely come from systemic restraints that exist in the form of countervailing loyalties that prevent any single allegiance, such as religious adherence, from becoming paramount.

Digital technological innovations make new types of responses to conflict-related sexual violence (CRSV) possible, bringing with them both potential promises and pitfalls. Aiming to provide a conceptual starting point for further analysis, this article problematizes the trend towards data extraction in exchange for aid, protection and justice, and argues for the importance of complementing technology-driven approaches to the struggle against CRSV with the inclusion of strategies for user participation and investment in digital literacy as key aspects of the response. To explore how the digital turn shapes the struggle against CRSV, the article offers a three-part analytical framework. First, the article unpacks how digital technologies create corresponding “digital bodies” – comprised of images, information, biometrics and other data stored in digital space – which represent the bodies of individuals affected by sexual violence, and which interplay with the risks posed upon the physical bodies of those facing CRSV. Second, the article maps out the role of digital technologies in a cycle of intervention, including prevention of, response to, documentation of and accountability for CRSV. Third, recognizing the increasing importance of data governance to the struggle against CRSV, the article considers how divergent humanitarian, human rights and international criminal law approaches to data may create different pathways for CRSV data. This could also give rise to new tensions in how international actors approach CRSV.

This article examines the presence of 605 armed groups in today's conflict environment by bringing new evidence based on internal research. It looks in particular at the way these non-State entities provide varying degrees of services to the population in the spaces that they control, and how this might impact the way a humanitarian organization like the ICRC engages with them in a dialogue over time. This model of analysis is then used to situate and better explain armed groups’ positions on the COVID crisis.

There are thousands of families of missing persons around the world who search for answers as to the fate and whereabouts of their loved ones, hoping to be reunited with them, or in the event that they are deceased, to be able to mourn and grieve their death with dignity. In practice when authorities speak with families to confirm that the missing person is deceased, two initial questions frequently arise. First, families generally want to know, “did you identify the body of my relative?” The second question, once they receive information that their loved one has been positively identified as deceased, is usually, “how did they die?” This article examines whether international humanitarian law requires providing families of the missing, who may know or believe that their relative is deceased, with an answer to this second question of “how did they die?” The article argues that under certain circumstances, it is a requirement of international humanitarian law to provide some information about the cause, manner and circumstances of death to families. It also argues that the International Red Cross and Red Crescent Movement can strengthen the rights of families of the missing by engaging confidentially (directly or indirectly) with judicial bodies that are charged with both identification of the missing and accountability for violations of international humanitarian law. While this is challenging, it is argued that it is often possible to do so while respecting and adhering to the fundamental principles of the Movement, and, in turn, advancing the fundamental principle of humanity.

At its latest meeting on 26 and 27 June 1991, the Assembly of the International Committee of the Red Cross appointed a new member, Ms. Francesca Pometta. Her appointment brings the membership of the Committee, which is composed exclusively of Swiss citizens, to 22.

From the very first, the founding members of what was to become the International Red Cross and Red Crescent Movement realized that it was necessary to comply with a number of essential principles. The work of the Red Cross and Red Crescent is based on the fundamental idea of impartial assistance to anyone who is suffering, whether friend or foe.

After reviewing the provisions of international humanitarian law relating to water, the author offers some thoughts on the nature of the legal protection accorded this resource in time of war. The lack of a proper and autonomous legal framework for protecting water would appear to be explained, on the one hand, by the many roles that water can play — for example, as a weapon, target or victim — and, on the other, by the very manner in which it is treated in international humanitarian law. Water is taken into account only in connection with that body of law's basic objectives of protecting victims of war and regulating the conduct of hostilities — and even then only in its capacity as one of man's basic needs, or as a danger, or as part of the natural environment. Water as such is not given legal protection. This arrangement may be inadequate, but it is enough to serve as a firm basis for improvement. In view of research carried out recently on international rules on the use of water in peacetime, a fresh look should be taken at the status of water in the law of armed conflict. A better understanding of the issue's complexities will mean better protection for “blue gold”.

In August 1994, at the third session of the group of governmental experts to prepare the 1995 Review Conference of the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, Switzerland introduced a proposal for a new protocol to the Convention. The Swiss draft Protocol on Small-Calibre Weapon Systems would prohibit the use of small-calibre arms and ammunition which, at ranges of 25 metres or more, transfer more than 20 Joules of energy per centimetre to the human tissues during the first 15 centimetres of passage in the body.

By adopting on 8 June 1977 the two Protocols additional to the 1949 Conventions, the States meeting in Geneva brought to a successful conclusion four years of arduous negotiations. The Protocols took four years, the Conventions only four months. Why such a huge difference?

In 1949, once the initial period of instinctive rejection of anything related to war had passed, a natural consensus emerged regarding the main evils which needed to be banned by law. Besides, the delicate subject of the rules governing the conduct of hostilities — the law of The Hague, as it is called, also part of humanitarian law — was left out of the discussions. It was also a time when the political map of the world was fairly monolithic, in the sense that the North still dominated the South, and East-West tensions had not yet escalated.

Side by side with aspirations for universal peace, efforts to limit the effects of war have been made throughout all of history and in all of the world's great civilizations. Such efforts, however, have primarily taken the form of religious or moral precepts; although treaties were in fact concluded, they were limited in scope.

Le droit international humanitaire, dont le but est d'atténuer les maux de la guerre, a été, dès son origine, étroitement lié aux médecins et à tous ceux dont la mission est de guérir — la plus noble des professions. En effet, ce droit a pris naissance pour parer aux insuffisances des services de santé des armées et protéger les blessés de guerre. Depuis lors, il a débordé largement ce cadre et a étendu sa sauvegarde et sa sollicitude aux diverses victimes des conflits et aussi, en temps de paix, aux victimes de la vie: les malades. Mais il y avait à sa base un élément essentiellement sanitaire, qui a subsisté dans une partie importante de ce droit, que certains appellent «droit médical».

In approaching this subject the most important thing to understand is how Afghans perceive things to be. On to this must be grafted factors about their environment, beliefs, and character that most affect their response. The physical characteristics of their environment are easy to define and describe, but their character, relationship to Islam, and how the two combine and affect their mode of warfare is more complex – a knot of truly Gordian proportions. However, if the past is accurately factored into the present, this enables contextual understanding, which is the key to unlocking the puzzle.

Riot control agents and expanding bullets are the only two kinds of weapon and ammunition that are used for law enforcement purposes but are explicitly prohibited in the conduct of hostilities. This article justifies this difference in treatment with two arguments. First, riot control agents and expanding bullets have different effects on the human body depending on their specific types and the circumstances in which they are deployed. Second, the issues raised by their use differ according to whether they are employed for law enforcement purposes or in the conduct of hostilities.

This paper examines the legality and limits of security detention in armed conflict situations. It particularly investigates the issues of whether the protection of national security is a legitimate ground to restrict the right to liberty of persons in situations of international or non-international armed conflict, and if so, what are the limits to a State's prerogative to restrict the right to liberty of individuals suspected of threatening its national security. On the basis of a thorough analysis of the relevant extant rules of international law regulating warfare, the paper concludes that security detention is permissible in armed conflict situations regardless of whether the nature of the conflict is international or non-international. However, the prerogative of a State to impose security detention is circumscribed by a plethora of fundamental substantive and procedural safeguards against arbitrariness that are provided in the different rules of international humanitarian law and international human rights law. These safeguards affirm that the search for absolute security is neither desirable nor attainable and that the mere invocation of security concerns does not grant an absolute power to restrict or suspend the liberty of individuals in armed conflict situations. Whenever it is imposed, security detention should be preventive in nature, and must aim at safeguarding the basic national security interests of a State from serious, future, direct and imminent threats related to the armed conflict situation. Detainees should also be able to challenge its legality before a competent organ at the initial or later stage of the detention through a system of periodic review.

This article documents the work of Islamic charities and NGOs from diverse backgrounds to develop sets of principles guiding their humanitarian and charitable work, in the framework of the dialogue and cooperation among Islamic NGOs and charities as well as between Islamic and Western humanitarian agencies. The authors look at draft documents that resulted from these processes, and the way these relate to the core principles of humanitarian action. They further follow how the dialogue and cooperation between humanitarian organizations from different backgrounds and origins has influenced the orientation of this debate on humanitarian principles from theory and identity to concrete and shared challenges and concerns.

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.

Tel est le texte de l'article 34 de la Convention de Genève du 12 août 1949 relative à la protection des personnes civiles en temps de guerre. Si cet article est le plus court de tous ceux que la Conférence diplomatique a élaborés, il en est peu dont l'importance soit aussi grande; il met fin à une pratique qui répugne profondément à tout homme de cœur et il constitue un progrès remarquable dans le domaine du droit de la guerre.