Discrimination and sexual and gender-based violence committed against lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) detainees remains one of the most pressing contemporary humanitarian challenges. This article focuses on the interpretation of the phrase “or any other similar criteria” as contained in Article 3 common to the four Geneva Conventions, upon which adverse distinction is prohibited, in order to qualify sexual orientation and gender identity as prohibited grounds of adverse distinction. The interpretation of “or any other similar criteria” will be embarked upon by employing the general rule of treaty interpretation provided for in the Vienna Convention on the Law of Treaties, so as to qualify sexual orientation and gender identity as “any other similar criteria” and ultimately to realize the protection of LGBTQI detainees against discrimination and sexual and gender-based violence during non-international armed conflict.

When large numbers of people die as a result of humanitarian emergencies, their bodies and remains are often managed with little consideration for their dignity. This may impact the capacity to identify the deceased and prevent them from becoming missing persons. Many of the existing guidelines for managing the dead in emergencies, including those published by the International Police Organization, the World Health Organization and the International Committee of the Red Cross, are accomplished from a technical point of view, but offer little or no specific guidance on guaranteeing respect for the deceased and their remains. In 2018, the Missing Persons Project of the International Committee of the Red Cross and the Right to Truth, Truth(s) through Rights project of the University of Geneva convened a meeting of experts to discuss the need for developing guidance to guarantee the dignified treatment of the dead in humanitarian emergencies. Participants identified the need worldwide for a set of general principles to guide practitioners and decision-makers in their efforts to ensure respect for dead persons and human remains in humanitarian emergencies, and recommended their development.

Humanitarian organizations dealing with migrants have long prioritized such people according to legal and institutional categories, therefore focusing on those fleeing conflict, violence or persecution. In a departure from this tradition, it was recommended at the 30th International Conference of the Red Cross and Red Crescent that the Movement should take an inclusive approach towards addressing the humanitarian dimension of migration, irrespective of the status of the migrants of concern. This article discusses the shift towards such an approach, and how it has been implemented in the International Federation of Red Cross and Red Crescent Societies' migration policy.

The war in Iraq has been accompanied by the highest ever number of casualties among members of the Iraqi and foreign press. While the end of the Saddam Hussein regime has reopened the way for vibrant media activity, the absence of security for members of the media has had a high human cost. The US-led war on Iraq, which was aimed at liberating its people from authoritarian rule, has not seen any serious attempt by the Western or even Arab media to focus on the human side of Iraq. Iraqi civilian death tolls are treated as nothing more than statistics.

This opinion note explores some aspects of the relationship between humanitarian non-governmental organisations (NGOs) and extractive industries. Médecins sans Frontières (Doctors without Borders, MSF) has endorsed a policy of non-engagement with the corporate sector of the extractive industries, particularly when it comes to financial donations. This is coherent with MSF being first and foremost a medical organisation, and one that adheres to the humanitarian principles of independence and neutrality. For humanitarian actors, the prospect of future environmental disasters and environmental conflicts calls for the anticipation of novel encounters, not only with environmental organisations but also with the extractive sector. Unlike environmental organisations, extractive industries are prone to generating or perpetuating different forms of violence, often putting extractive companies on a par with the parties to armed conflicts. In situations where a dialogue with extractive companies would be needed to optimise care and access to victims, humanitarian organisations should carefully weigh pragmatic considerations against the risk of being co-opted as medical providers of mitigation measures.

It was with great sorrow that the ICRC heard of the demise on 11 December 1984, at age 81, of Mr. Francois de Reynold, former ICRC Head of Protocol.

Mr. de Reynold, a law graduate of Fribourg University, joined the Italian Service of the Central Agency for Prisoners of War on 1 April 1943. In January 1945, he was transferred to the ICRC Liaison Service which later became the Liaison and Protocol Service.

It will be recalled that the International Committee of the Red Cross addressed to the Governments of the Republic of Viet Nam, of the Democratic Republic of Viet Nam, as well as of the United States of America an appeal urging them to respect, in present conditions, the humanitarian provisions of the Geneva Conventions to which these States have acceded. This appeal was also sent to the National Liberation Front. In its number of September 1965, the International Review published the replies received by the ICRC. The one dated August 10, 1965, emanated from the United States Government and the other of August 11, 1965, was sent by the Government of the Republic of Viet Nam.

The condition of cultural property through the armed conflicts which have succeeded one another from Antiquity to the eve of the Second World War is no easy subject to study.

The sources available have of course made it possible to establish that from the latter part of the nineteenth century onwards, domestic and international laws have been enacted to reduce somewhat rather than prevent damage to cultural property during hostilities.

In a letter dated 27 May 1977, Mr. Mierre Micheli, member of the International Committee of the Red Cross, tendered his resignation from the ICRC for health reasons, with effect from 1 June.

“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.

“Death of four journalists in El Salvador”, “Six journalists reported missing”, “Release of three journalists detained on spying charges”—these are just some of the headlines of recent dispatches calling to mind the problem which we will be dealing with in this article: journalists who do their job in situations of armed conflict run risks. What provisions does public international law make to protect them and to facilitate the exercise of their professional activity?

La question de l'ordre supérieur a donné lieu à une littérature abondante. En effet, la complexité du problème a pour conséquence qu'il n'existe pas de réponse simple. Sur la base du droit national auquel il est soumis, le militaire qui refuse d'exécuter un ordre peut être l'objet d'une condamnation pénale. Les codes pénaux militaires prévoient en général, dans les cas graves et notamment pendant la guerre, que le juge pourra prononcer la peine de mort. Or, le fait d'avoir exécuté l'ordre d'un supérieur, qui viole le droit international humanitaire, peut ne pas avoir pour conséquence d'exclure la responsabilité pénale du subordonné militaire.

Depuis plusieurs mois l'attention du Comité international de la Croix-Rouge était attirée sur la situation des indigènes fuyant la zone de combat du Rif pour se réfugier à Tanger. En novembre dernier, dans le Bulletin des Sociétés nationales de la Croix-Rouge, il annonçait le départ d'un délégué chargé de se rendre compte de la situation exacte de ces réfugiés. Parti le 24 novembre, le Dr Henri Mentha est rentré à Genève le 10 décembre. C'est le compte rendu de sa mission que l'on va lire ci-dessous (N. d. l. R.

Dans le vocabulaire des relations internationales, les qualificatifs de «neutre” et d' «humanitaire» sont bien souvent employés. Ce fait démontre le credit que l'on accorde aux attribute respectifs de la neutralité et de tout ce qui peut être désigné par le vocable «humanitaire».

Paradoxalement cependant, tant la neutralité que Faction humanitaire ne sont exemptes de critiques.

La XXVI Conferencia Internacional de la Cruz Roja y de la Media Luna Roja,

comprobando con gran inquietud el creciente número de conflictos armados que tienen lugar en varias partes del mundo;

alarmada por las graves y persistentes violaciones del derecho internacional humanitario que se cometen, particularmente en perjuicio de las personas civiles, incluidas las más vulnerables;

profundamente preocupada por la tristeza y el sufrimiento que causan tales violaciones;

deplorando la disminución del respeto del derecho internacional humanitario;

In the author's view the state of international humanitarian law as we approach the 21st century may be characterized by two major developments. The first is the trend away from well-structured conflicts between States and towards chaotic violence within the territory of the classic State entity. The second is the growing tendency to target civilians. The result is an increase in suffering and casualties among the civilian population. After considering the major obstacles to humanitarian action in present-day conflicts, the author looks at what she calls “the remarkable development of the international rules governing non-international armed conflicts”. She discusses ways of strengthening and developing standards applicable to such conflict other than formal codification of new rules. The paper finishes by stressing the decisive importance of making the law known among those who need to know it, particularly those engaged in violence.

This article briefly overviews some of the current and future challenges to NATO legal interoperability arising from the relationship between international humanitarian law (IHL) and international human rights law generally and between IHL and the European Convention on Human Rights in particular.