Law Answer Writing Practice 2018 - Week 11 - Question 1
90 Days Law Answer Writing Practice Question 1 for 21-Jan-2019
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21-Jan-2019 - Question 1
Explain the concept of “International Humanitarian Law”. How can it be achieved? Critically examine the role of “The Hague” and “The Geneva Convention” in the development of Modern International Humanitarian Law. (2014) – 20 Marks
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International humanitarian law is a set of rules which aims at limiting the effects of armed conflicts for humanitarian reasons. It protects persons who are not or are no longer participating in the hostilities and controls the means and methods of warfare. It is part of international law, which is the body of rules governing relations between States.
States have an obligation to teach its rules to their armed forces and the general public.
They must prevent violations or punish them if these occur. In particular, they must enact laws to punish the most serious violations of the Geneva Conventions and Additional Protocols, which are regarded as war crimes.
Two very important conventions play a huge role in the development of International Humanitarian Law:
1. The law of The Hague.
2. The law of Geneva, or humanitarian law.
The two conventions take their names from a number of international conferences which drew up treaties relating to war and conflict, in particular The Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first which was drawn up in 1863.The Geneva Conventions deal with the question of whether certain practices are acceptable during armed conflict.
The Law of The Hague "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm".
In particular, it concerns itself with the definition of combatants, establishes rules relating to the means and methods of warfare; and examines the issue of military objectives.
The warfare scene of the world has changed significantly since the Geneva Conventions of 1949, but are still considered an important aspect of the contemporary international humanitarian law as they protect combatants and civilians caught up in the zone of war as also observed in various cases concerning Wars and international armed conflicts in Afghanistan, Iraq, the invasion of Chechnya (1994–present) and the 2008 War in Georgia.