The Worker

75 years of the Geneva Convention as “International Humanitarian Law”

Originally published by the International Federation of Resistance Fighters – https://fir.at/en/

Since its foundation, FIR has advocated the goal of “Never again war”. As a civil society actor, we focus in particular on the situation of the civilian population in all military conflicts. This is why we are commemorating the 75th anniversary of the Geneva Convention.  

Even in the decades before that, there were efforts to agree protection for the civilian population in war zones through voluntary commitments by belligerent states. The development of war technology, missiles and area bombing, including the use of nuclear weapons, as became evident in the Second World War, led to millions of victims among the civilian population.

Under the impression of this development, the Swiss government invited states from various parts of the world to a diplomatic conference in 1948 with the aim of adapting the existing international law of war (including The Hague Land Warfare Convention) to the new experiences. Governments of 59 states accepted the invitation, twelve other governments and international organizations, including the United Nations, took part as observers. The International Committee of the Red Cross and the League of Red Cross Societies were consulted as experts. During the conference from April to August 1949, the existing conventions were revised and new considerations were incorporated into the Geneva Conventions. At the end of the diplomatic conference, the conventions were signed by 18 states on August 12, 1949. They are now regarded as binding rules of the international community within the framework of the United Nations, which is why they are also referred to as “international humanitarian law” (IHL).

The Geneva Conventions are based on the idea that if military conflicts cannot be prevented, these wars need rules to limit their devastating consequences for humanity. The aim is to protect people who do not or no longer take part in hostilities. IHL also regulates the conduct of armed conflict by limiting the means and methods of warfare in order to preserve a degree of humanity, save lives and reduce suffering. The Geneva Conventions, and IHL in general, seek to uphold the rights of all people affected by armed conflict and ensure that all, even enemies, are considered human beings.

These rules include the protection of particularly vulnerable persons, this means prisoners of war, children or the wounded and sick. IHL complements and strengthens legal traditions, civilization and cultures and is considered a common heritage of humanity.

The strength of these global agreements to limit the human cost of war should not be underestimated. Indeed, the world has no other instrument to protect victims of armed conflict in times of war. If parties to a conflict respect this right, lives can be saved, families can keep in touch with their loved ones and the dignity of detainees can be preserved. The exchange of prisoners of war can be a result of the recognition of IHL. While such aspects are less present in the media, they are a clear reminder of how IHL can serve as a brake on inhumane behavior during war.

In its 75th year, IHL faces new challenges due to technological developments in warfare (cyber warfare, drones and autonomous weapons). In addition, the majority of today’s military conflicts no longer involve states, but warlords and non-state terrorist groups (e.g. IS groups) that cannot be reached by “international humanitarian law”. Nevertheless, this set of rules remains indispensable, as it also plays a role in efforts to end armed conflicts. This is because IHL was created to prevent wars from becoming even more cruel, particularly at the expense of the civilian population, and to facilitate a return to peace.

As there are still no effective international sanctions, compliance with IHL is ultimately a question of political will. Even more reason for peace forces and civil society movements to push for a global culture of compliance with IHL. The destruction of the livelihoods of the civilian population in armed conflicts, whether in the Gaza war through the bombing of hospitals, schools and other civilian objects, or in Ukraine through attacks on shopping centers, nuclear power plants and energy supply facilities, weapons such as “Agent Orange”, which are still destroying the livelihoods of people in the region decades after their use in the Vietnam War, must be outlawed once and for all.
This is the message that FIR represents on the 75th anniversary of “International Humanitarian Law”.

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