We have looked at the protection offered to children in conflict situations by the Fourth Geneva Convention of 1949 and the Additional Protocols of 1977. The principle that children are particularly vulnerable and in need of special protection has been developed in these provisions.

When the idea of a Convention on the Rights of the Child was first put forward there were debates about whether this was the best way to proceed. The International Union for Child Welfare expressed reservations about the Polish draft proposal stressing the legal difference between a Declaration and a Convention. Although a Convention is theoretically stronger than a Declaration because it is legally binding, experience has shown that a Declaration adopted unanimously has a greater moral impact than a Convention only ratified by a few countries.

Evi Underhill in a paper (undated) “Comments on the Draft Convention on the Rights of the Child” posed not only the question whether Conventions are necessary but also whether they are effective or implemented and if they correspond to the large variety of national customs, political, economic and legal structures.

Certainly, concern has been expressed about the lack of geographical representation of Member States attending the working group which is drafting the Convention on the Rights of the Child. In the meantime some NGOs are urging that the drafting process should be speeded up.

The two International Criminal Tribunals set up by the United Nations Security Council in 19931 and 19942 are in the process of demonstrating that international repression of serious violations of international humanitarian law is no longer a purely theoretical concept. A total of 21 persons charged with or suspected of committing such breaches have been transferred to the seat of the Arusha Tribunal, and two judgments sentencing the defendants to prison terms have been handed down by the Hague Tribunal. The two Tribunals are competent to hear cases against persons allegedly responsible for serious violations of humanitarian law, but in so doing they are also required, under their respective Statutes, to ensure that the internationally recognized rules relating to the rights of the accused are fully respected at all stages of the proceedings. Article 20 of the Statute of the Tribunal for Rwanda and Article 21 of that of the Tribunal for the former Yugoslavia, modelled on Article 14 of the International Covenant on Civil and Political Rights, enumerate in detail the rights that must be accorded to every accused person.

Spreading knowledge of international humanitarian law at universities raises three questions which this text will attempt to answer. Firstly, why disseminate knowledge of international humanitarian law at universities? Secondly, towards which section of the university community should such an effort be directed? Thirdly, how should the subject be presented at law schools?

Dans la nuit du 1er novembre 1954, une série d'attentats secouaient trente localités différentes en Algérie, tandis qu'un communiqué du Front de Libération nationale (FLN) révélait l'existence d'une organisation de lutte armée capable de mener des actions coordonnées sur l'ensemble du territoire algérien. Cette «nuit de la Toussaint» allait marquer le début de huit années de luttes fratricides qui devaient conduire à l'indépendance de l'Algérie.

The following article is a tribute to an outstanding jurist whose name is inalienably linked to the foundation and development of the Red Cross. In fact, Gustave Moynier was President of the ICRC from 1864 to 1910! We express our thanks to the Institute of International Law for allowing us to reproduce this article. (Ed.)

Despite the existence of a comprehensive international legal framework protecting children in armed conflict, ensuring its respect by armed non-State actors (ANSAs) still remains an important challenge. This can be linked to several circumstances, such as their lack of knowledge of the law, the absence of an incentive to abide by the applicable rules, their fragmented structure and their lack of capacity to implement the applicable framework. Certain practical cases, however, show that ANSAs’ behaviours may vary throughout armed conflicts. While certain groups have, at a given moment, breached some of their international obligations, others have shown some degree of commitment to respecting children's safeguards. When addressing the prohibition of recruiting and using children in hostilities, the reasons behind these variations have remained insufficiently explored. This article reviews some of the lessons learned from Geneva Call's experience when engaging ANSAs towards their compliance with child protection norms.

The Belgian Interdepartmental Commission for Humanitarian Law (ICHL) was established by a decision of the Council of Ministers on 20 February 1987. Its main task consists in studying national measures to implement the Protocols additional to the Geneva Conventions, and, if need be, the Conventions themselves.

I am glad to have the opportunity to address such a gathering of eminent personalities concerned with the increasingly grave humanitarian problems of our time.

The International Committee of the Red Cross (ICRC) has, for the last 120 years, served the cause of humanity in a world torn by conflicts.

In 1864, a year after the ICRC was founded, the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, the first multilateral humanitarian law treaty, established a legal basis for ICRC activities and brought about the recognition of the Red Cross movement by the States.

James Surget made no impact on history. He did, however, make an impression on Washington Ford. The latter sued him in 1866 regarding the destruction of 200 bales of cotton.

In May 1862, Ford owned a plantation in Mississippi, a state then in rebellion against United States authority. The local commander of rebelling forces ordered his troops to burn all cotton along the Mississippi River that was vulnerable to capture by the United States army. Surget assisted in the destruction of Ford's cotton. Ford sued him to recover for its value.

Legislating for international courts and tribunals is a delicate and complex process, which sometimes results in unintended consequences. Arguably, the inclusion of a special intent requirement, also known as dolus specialis, concerning “private or personal use” in the definition of pillage under the Rome Statute of the International Criminal Court is one such consequence. But this is not the only reason why the war crime of pillage deserves special attention. On closer examination, other questions arise concerning its interpretation and application. What is the meaning of “military necessity” and “necessity” in relation to pillage, and how do they correlate with the special intent requirement? To answer these questions, the article examines the drafting history, law and current practice relating to the crime's ambiguous new element. It then proposes several avenues to address the recurring uncertainty regarding its meaning: conservative, radical and pragmatic.

From early history, people have used the sea, lakes and rivers for trade and commerce, for adventure and discovery. Despite these close ties, our survival on water depends on man-made objects such as ships, navigation systems and oxygen tanks. If we get injured or sick on water, or if our ships sink, we are vulnerable and our lives are in immediate danger.

Editor's note: In this Opinion Note, Tim McCormack highlights the Australian experience of setting up and developing an IHL programme domestically as an example of how IHL can be disseminated and promoted at the national level. The Australian experience is a great success story and can serve as an example for others seeking to do the same.

Since the First Geneva Convention was adopted in 1864, international humanitarian law (IHL) has become a complex and steadily developing body of international law. Its conventions, protocols and customary rules encompass a large range of subjects, from the protection of the sick and wounded, civilians, civilian objects, prisoners of war and cultural property to the restriction or prohibition of specific types of weapons and methods of warfare. All parties to a conflict are bound by applicable IHL, including armed groups involved in non-international armed conflicts.