International humanitarian law (IHL), also known as the laws of war or law of armed conflict is the part of public international law that regulates international and non-international armed conflict. IHL consists of the rules applicable during the conflict. These rules also apply to a situation of occupation arising from armed conflict. The IHL rules can be found in both treaties and international customary law. The main objective of these rules is to provide protection to the civilian population and civilian objects as well as to those persons who are no longer taking part in the hostilities. In addition, IHL rules aim to restrict the methods and means of warfare used during the hostilities by the parties involved. The International Committee of the Red Cross (ICRC), a non-governmental humanitarian organization with its headquarter in Geneva, is the primary institution for IHL. Established in 1863, the initiatives of the ICRC have greatly contributed to the development of international humanitarian law. The ICRC also monitors the implementation of IHL rules and norms.
This Research Guide is intended as a starting point for research on International Humanitarian Law. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 211. International Humanitarian Law; General Works and subject heading (keyword) International Humanitarian Law are instrumental for searching through the Catalogue.
Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.
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Description: Codified in the 1899 and 1907 Hague Peace Conferences and later modified by the 1949 Fourth Geneva Convention, the traditional international law of occupation has been challenged by advocates of human rights and self- determination and tested by the numerous occupations of the last two decades–among them Israeli occupation of the West Bank and Gaza, Turkish occupation of Northern Cyprus, the Vietnamese occupation of Cambodia, U.S. operations in Grenada and Panama, and occupations during the Persian Gulf crisis. To address the new issues that have emerged, Eyal Benvenisti formulates a contemporary theory of the law of occupation and establishes guidelines for the lawful management of occupation. In his new preface the author addresses issues arising from the U.S. occupation of Iraq.Benvenisti delineates the international responsibilities and obligations of governments that gain control over foreign territories through the use of force and examines the conduct of various occupying powers of the twentieth century, beginning with the German occupation of Belgium during World War I. He analyzes the actions of these occupants by contrasting them with the reactions of ousted governments, of peoples under occupation, and of other states and of supranational organizations. Additionally, he evaluates the legality of various measures taken by occupants, with the result that the nature of occupation can now for the first time be systematically assessed.
Eyal Benvenisti, 2012Description: It is becoming increasingly apparent that there are major gaps in International Humanitarian Law and Public International Law in the area of humanitarian assistance. In response international organizations such as the UN and the EU are developing their own legal frameworks for humanitarian assistance and the body of customary law and so-called international disaster response law is growing steadily. This however shows that a coherent body of law is far from being a given. The legal reality of international law pertaining to emergency response is rather broadly spread over various international legal fields and related documents, covering situations of armed conflict and natural disasters. This book is one of the first attempts of linking different legal areas in the growing field of what could be called the international law of humanitarian assistance.
Hans-Joachim Heintze and Andrej Zwitter (ed.), 2011Description: Le droit actuel est-il bien établi et adapté aux conflits opposant Etats et organisations non étatiques dans des conditions d’inégalité militaire ? On peut en douter. Un conflit devient-il ” non international ” (auquel cas combattants de guérilla et civils restent largement ” soumis aux lois du pays “) dès lors qu’une armée d’invasion a installé un gouvernement sous son contrôle ? A-t-on ou non le droit d’attaquer les civils travaillant pour l’armée, immense ” armée ” auxiliaire au service des forces occidentales ? Quels ” dommages collatéraux ” sont ou non acceptables lors des bombardements ? Autant de questions parmi d’autres sans réponse claire, sur lesquelles le Comité international de la Croix-Rouge a lui-même des positions discutables. Ce livre souhaite donner une information précise sur le droit actuel, avec ses problèmes et ses ambiguïtés, et contribuer à la réflexion sur ce qu’il pourrait ou devrait être. Un droit n’imposant que des contraintes faibles aux Etats au sujet des bombardements et des armes, comme le fait la Cour pénale internationale sous l’influence occidentale, et édictant par ailleurs des règles ne tenant pas compte de la disparité des moyens militaires, serait-il adéquat ? Et a-t-on aujourd’hui une vraie justice internationale ?
Daniel Lagot, 2010Description: This book carefully and thoroughly analyses the legal questions raised by the phenomenon of terrorism, and past and recent efforts to fight it, from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism as well as to analyse and contextualise the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors, particularly, although not exclusively, States. The analysis of their actual conduct as well as their expectations about the interpretation and application of the law is crucial to establishing an interpretive consensus on when and how IHL is relevant to regulate acts of terrorism.The approach of the book is analytical and discursive, rather than prescriptive. Thus the reader will find the relevant rules of IHL and other legal regimes as regards terrorism, but also the debates over their application, the contradictions in State practice and the impact these may have upon IHL’s evolution and implementation. The aim is to provide legal practitioners, as well as those in military, political and academic circles, with a useful reference point. Hopefully the book will also prove useful to other readers who will find its content and easy-to-read style an encouragement to getting acquainted with a topical subject, traditionally thought to be reserved for legal specialists.
Andrea Bianchi and Yasmin Naqvi, 2011Description: In this book Anicée Van Engeland describes how the practice and evolution of warfare have turned international humanitarian law into an enigmatic law that is complex to understand, interpret, and enforce. Van Engeland identifies the challenges that advocates of international humanitarian law face, which range from genocide, asymmetrical warfare, and terrorism to rape as a weapon. The events of 9/11 and the aftermath have put this branch of international law, in particular, the distinction between civilians and combatants, to the test. Van Engeland describes how some analysts have both questioned whether international law can adapt to these issues and challenged international humanitarian law on the basis that it cannot meet today’s warfare realities. Van Engeland responds to these critics, reminding readers that international humanitarian law was not drafted to rule on war, but rather to protect victims of war, in particular civilians. Consequently, Van Engeland demonstrates that this branch of international law is in constant evolution. Through a thorough and illustrated analysis, Van Engeland explains how civilians and combatants are still distinguishable, as well as how international humanitarian has been stretched to meet these challenges
Anicée Van Engeland, 2011Throughout the post Cold War period there has been a widespread view that war and armed conflict have changed radically since the First World War to the point where some 80-90% of war victims are now civilians. Many modern wars have been accompanied by significant depopulations, along with destruction of infrastructure and resources.
Read moreOn Wednesday 14 March, Trial Chamber I of the International Criminal Court (ICC) delivered it’s first verdict. In a unanimous decision three judges convicted Thomas Lubanga Dyilo of the war crimes of conscripting, enlisting, and using children under the age of 15 to participate actively in hostilities. With this judgment the ICC firmly establishes the use of children in armed conflict as an international crime and also focuses renewed attention on the many thousands of children still used in various other conflicts in the world.
Read moreOsama Bin Laden (OBL) is dead. He was killed by a special ops team from the United States of America (USA), “after a firefight.” After OBL had been assassinated, the special team of SEALS took the deceased body of the dangerous mastermind terrorist and several hard drives from the compound in Abbottabad. Bin laden had been hiding there with his family for several years without being noticed. When the Pentagon researched the hard drives, it appeared that OBL had been planning new attacks, at least on several US cities and also on European locations. Upon hearing this news so many have sighed with relief that the secret services of the USA found out about these planned attacks before they could actually take place. Obama, President of the USA stated that “justice had been done” by executing OBL. But “what kind of justice” The assassination also led to a lot of questions and criticism: Was the raid justified?
Read moreSince 1945, the bombing of Dresden is considered by many as a violation of international law and as a crime against humanity, even though positive rules of international humanitarian law were absent at the time. The Hague Conventions of 1899 and 1907, were among the first formal statements of the laws of war and war crimes in the nascent body of international law. However these conventions, adressing the codes of wartime conduct on land and at sea, were adopted before the rise of air power. Despite repeated diplomatic attempts (→ The Hague Rules of Air Warefare 1922/1923) to update international humanitarian law to include aerial warfare, it was not done before the outbreak of World War II. The absence of positive international humanitarian law does not mean that the laws of war did not cover aerial warfare, but there was no general agreement of how to interpret those laws.
The aerial bombardment of Dresden does not only raise the question as to whether or not it was an Allied war crime, but it also makes a moral appeal to prevent total war against civilian populations. It’s memory is kept alive.
A legal historical study of the development of international humanitarian law in the nineteenth century and the beginning of the twentieth century in the Netherlands.Recently the Peace Palace Library received a gift from the children of D.J.H.N. den Beer Poortugael (Herman den Beer Poortugael). The gift, a book titled: “De bijdrage van Nederland aan de [...]
Read moreCluster Bomb Tour Bus takes on Eastern Europe
On Wednesday, 1st October an eight-week campaign trail through Europe was launched to convince all governments to sign a groundbreaking treaty banning cluster bombs, in Oslo on December 3, 2008. Beginning in Belgrade, Serbia and ending at the signing ceremony in Norway, the Ban Bus will rally [...]
Read moreOn Thursday, 17 July, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) rendered its judgement [PDF document] on the appeals of both the Prosecution and the Defense against the conviction and sentence of the former Yugoslav People’s Army (JNA) General Pavle Strugar (Case No. IT-01-42-A).
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Hashtag for this research guide: #rgihl
International Humanitarian Law and Terrorism / , 2011
Civilian or Combatant? : A Challenge for the Twenty-first Century / , 2011
International law and humanitarian Assistance : A Crosscut through Legal Issues Pertaining to Humanitarianism / , 2011
The Handbook of International Humanitarian Law (2nd ed.) / , 2008
Customary International Humanitarian Law (2 Vols.) / , 2005
Constraints on the Waging of War : An Introduction to International Humanitarian Law (4th ed.) / , 2011
