Droit humanitaire international

Introduction

International Humanitarian Law - Research Guide International Law

Le droit humanitaire international (DHI), également appelé droit de la guerre ou droit des conflits armés est la partie du droit international public qui concerne les conflits armés internationaux et non-internationaux. Le DHI comprend les règles applicables pendant le conflit. Ces règles s'appliquent également à la situation d'occupation faisant suite à un conflit armé. Les règles du DHI proviennent à la fois des traités et de la coutume internationale. Le principal objectif de ces règles est d’assurer la protection des populations civiles et des biens civils, ainsi que des personnes qui ne participent plus aux hostilités. En outre, les règles du DHI visent à restreindre les méthodes et moyens de combat pendant les hostilités entre les parties concernées. Le Comité International de la Croix Rouge (CICR), une organisation non gouvernementale dont le siège est à Genève, est la principale institution en matière de DHI. Les initiatives du CICR, qui a été créé en 1863, ont grandement contribué au développement du droit international humanitaire. Le CICR surveille également l'application des règles et normes du DHI.

Le présent guide de recherche se veut un point de départ pour mener des recherches sur le droit humanitaire international. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 211. Droit humanitaire international; Ouvrages généraux et le mot-matière (mot-clef) Droit humanitaire international sont des instruments permettant de faire une recherche dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.

Bibliographie

Reference works

Books

Articles

Documents

Periodicals, serial publications

Bibliographies

Systematic classification → War, Armed Conflict and Neutrality

New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on International Humanitarian Law.


1. Proportionality reloaded
Proportionality reloaded : Autonom agierende Waffensysteme und der Verhältnismäßigkeitsgrundsatz des humanitären Völkerrechts / Sebastian Wuschka. - Tübingen : Mohr Siebeck. - Page 45-63 In: Verhältnismäßigkeit im Völkerrecht / herausgegeben von Björnstjern Baade, Sebastian Ehricht, Matthäus Fink, Robert Frau, Mirka Möldner, Isabella Risini und Torsten Stirner, ISBN 9783161542435: (2016), Page 45-63. - 2016
Keywords: Autonomous weapon systems, Unmanned vehicles, Proportionality, International humanitarian law,

2. Abwägung von Menschenleben im Völkerrecht
Abwägung von Menschenleben im Völkerrecht / Andreas Th. Müller. - Tübingen : Mohr Siebeck. - Page 65-85 In: Verhältnismäßigkeit im Völkerrecht / herausgegeben von Björnstjern Baade, Sebastian Ehricht, Matthäus Fink, Robert Frau, Mirka Möldner, Isabella Risini und Torsten Stirner, ISBN 9783161542435: (2016), Page 65-85. - 2016
Keywords: International humanitarian law, Protection of civilian persons, Human life, Human dignity, Targeted killings, Human rights,

3.
Humanitarian intervention / Alex J. Bellamy. - London ; New York, NY : Routledge, Taylor & Francis Group, 2017. - IX, 427 pages. ; 24 cm. - (Critical concepts in military, strategic and security studies) Includes bibliographical references. - 2017
Keywords: Humanitarian intervention, International peace and security, International humanitarian law, History of international law,

4.
Humanitarian intervention / Alex J. Bellamy. - London ; New York, NY : Routledge, Taylor & Francis Group, 2017. - VIII, 343 pages. ; 24 cm. - (Critical concepts in military, strategic and security studies) Includes bibliographical references. - 2017
Keywords: Humanitarian intervention, International peace and security, International humanitarian law,

5.
Humanitarian intervention / Alex J. Bellamy. - London ; New York, NY : Routledge, Taylor & Francis Group, 2017. - VIII, 293 pages. ; 24 cm. - (Critical concepts in military, strategic and security studies) Includes bibliographical references and an index. - 2017
Keywords: Humanitarian intervention, Responsibility to protect, International peace and security, International humanitarian law,

6. The "God-Gap" in International Affairs: Missing Cross-Cultural Conversations in International Humanitarian Law and Islamic Jurisprudence
The "God-Gap" in International Affairs: Missing Cross-Cultural Conversations in International Humanitarian Law and Islamic Jurisprudence / Corri Zoli In: Florida Journal of International Law = ISSN 1556-2670: vol. 28, issue 3, page 273-328. - 2016
Keywords: Laws of war, Islamic law, International humanitarian law, Legal theory,

7. Transnational Armed Conflicts
Transnational Armed Conflicts / Djemila Carron. - Leiden : Brill In: Journal of International Humanitarian Legal Studies = ISSN 1878-1527: vol. 7, issue 1, page 5–31. - 2016
Keywords: Armed conflicts, Non-international armed conflicts, Non-State actors, Occupation, International humanitarian law,

8. A Decade Later and Still on Target: Revisiting the 2006 Israeli Targeted Killing Decision
A Decade Later and Still on Target: Revisiting the 2006 Israeli Targeted Killing Decision / Tamar Meshel. - Leiden : Brill In: Journal of International Humanitarian Legal Studies = ISSN 1878-1527: vol. 7, issue 1, page 88–128. - 2016
Keywords: Israel, Arab-Israeli conflict, Non-State actors, Targeted killings, Terrorism, Armed conflicts, International humanitarian law, Human rights, Cases,

9. The Definition of Civilians in Non-International Armed Conflicts
The Definition of Civilians in Non-International Armed Conflicts / Camille Marquis Bissonnette. - Leiden : Brill In: Journal of International Humanitarian Legal Studies = ISSN 1878-1527: vol. 7, issue 1, page 129–155. - 2016
Keywords: Civilian population, Non-State actors, Non-international armed conflicts, International humanitarian law,

10. Recent Trends in the Application of Human Rights and Humanitarian Law
Recent Trends in the Application of Human Rights and Humanitarian Law / Alon Margalit. - Leiden : Brill In: Journal of International Humanitarian Legal Studies = ISSN 1878-1527: vol. 7, issue 1, page 156–182. - 2016
Keywords: Great Britain, Israel, Armed conflicts, Armed forces, State responsibility, International humanitarian law, Human rights, Case-law,

11. Targeting Child Soldiers: Striking a Balance between Humanity and Military Necessity
Targeting Child Soldiers: Striking a Balance between Humanity and Military Necessity / Sam Pack. - Leiden : Brill In: Journal of International Humanitarian Legal Studies = ISSN 1878-1527: vol. 7, issue 1, page 183–203. - 2016
Keywords: Armed conflicts, Child soldiers, Targeting, Combatants and non-combatants, Military necessity, International humanitarian law,

Choix de bibliothécaire

  • Kolb, R., Advanced Introduction to International Humanitarian Law, Cheltenham, Edward Elgar, 2015

    This innovative book provides a thought-provoking introduction to international humanitarian law (IHL). Robert Kolb explores the field through questions – which are at times challenging and controversial – in order to get to the very essence of the subject and give a fresh perspective. The result is an exposition both of the law as it stands, through its written and unwritten rules, and also of the uncertainties, gaps, controversies and practical problems which have arisen. IHL is revealed as a living tool, an ever-adapting means to an ever-remaining need of protection during times of armed conflict.

    View this title in our link resolver Plinklet
  • Burri, N., Bravery or Bravado?: The Protection of News Providers in Armed Conflict, Leiden, Brill Nijhoff, 2015

    During the last decade, the image of war correspondents in the news has shifted dramatically. Reports are no longer full of cheerleading stories of embedded journalists. Instead, stories of war reporters being attacked, kidnapped or injured prevail. Sadly, the former heroic witnesses to war have become victims of their own story. In this book, Nina Burri provides the first comprehensive analysis on how international law protects professional and citizen journalists, photographers, cameramen and their support staff during times of war. Using examples from recent armed conflicts in Iraq, Libya, Gaza and Syria, Burri explores the means, methods and risks of contemporary war coverage and examines the protection of news providers by international humanitarian law, international criminal law and human rights law.

    View this title in our link resolver Plinklet
  • Turner Johnson, J., and E.D. Patterson (eds.), The Ashgate Research Companion to Military Ethics, Farnham, Ashgate, 2015

    Turner Johnson, J., and E.D. Patterson (eds.), The Ashgate Research Companion to Military Ethics, Farnham, Ashgate, 2015.

    This Companion provides professionals who deal with military law and with international law on armed conflicts, with a comprehensive and authoritative state-of-the-art review of current research in the area of military ethics. Topics in this volume reflect both perennial and pressing contemporary issues in the ethics of the use of military force and are written by established professionals and respected commentators. Subjects are organized by three major perspectives on the use of military force: the decision whether to use military force in a given context, the matter of right conduct in the use of such force, and ethical responsibilities beyond the end of an armed conflict. Treatment of issues in each of these sections takes account of both present-day moral challenges and new approaches to these and the historical tradition of just war. Military ethics, as it has developed, has been a particularly Western concern and this volume reflects that reality. However, in a globalized world, awareness of similarities and differences between Western approaches and those of other major cultures is essential. For this reason the volume concludes with chapters on ethics and war in the Islamic, Chinese, and Indian traditions, with the aim of integrating reflection on these approaches into the broad consideration of military ethics provided by this volume

    View this title in our link resolver Plinklet
  • Mehring, S., First Do No Harm: Medical Ethics in International Humanitarian Law, Leiden, Brill Nijhoff, 2014

    Mehring, S., First Do No Harm: Medical Ethics in International Humanitarian Law, Leiden, Brill Nijhoff, 2014.

    Although working on the sidelines of armed conflicts, physicians are often at the centre of attention. First Do No harm: Medical Ethics in International Humanitarian Law was born from the occasionally controversial role of physicians in recent armed conflicts and the legal and ethical rules that frame their actions. While international humanitarian, human rights and criminal law provide a framework of rights and obligations that bind physicians in armed conflicts, the reference to ‘medical ethics’ in the laws of armed conflict adds an extra-legal layer. In analysing both the legal and the ethical framework for physicians in armed conflict, the book is invaluable to practitioners and legal scholars alike.

    View this title in our link resolver Plinklet
  • Dinstein, Y., Non-International Armed Conflicts in International Law, Cambridge, Cambridge University Press, 2014

    Dinstein, Y., Non-International Armed Conflicts in International Law, Cambridge, Cambridge University Press, 2014.

    This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts (primarily, the Geneva Conventions, Additional Protocol II and the Rome Statute of the International Criminal Court): what they contain and what they omit.

    View this title in our link resolver Plinklet
  • Barrat, C., Status of NGOs in International Humanitarian Law, Leiden, Brill Nijhoff, 2014.

    Barrat, C., Status of NGOs in International Humanitarian Law, Leiden, Brill Nijhoff, 2014.

    In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict.  The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges.  On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict

    View this title in our link resolver Plinklet

Database

Blogs

  • The Raid on the Medway, 1667: Forcing Peace at Breda

    350 Years ago, the Treaty of Breda was signed at the Dutch city of Breda, 31 July, 1667, by England, the Dutch Republic, France, and Denmark-Norway. It brought a hasty end to the Second Anglo-Dutch War (1665-1667) in favour of the Dutch. It was a typical quick uti possidetis treaty. In the latter stages of the war, the Dutch had prevailed. Lieutenant-Admiral-General Michiel de Ruyter virtually controlled the seas around the south coast of England. His presence encouraged English commissioners to sue for peace quickly. Negotiations, which had been long protracted, and had actually begun in Breda before the raid, took only ten days to conclude after resumption of talks.

    Read more
  • An Ad Hoc Hybrid Special Court for Sri Lanka: What Does It Take?

    On 16 September 2015, the United Nations High Commissioner for Human Rights and the OHCHR Investigation on Sri Lanka issued two reports on promoting reconciliation, accountability and human rights in Sri Lanka. Their recommendation: the creation of an ad hoc hybrid special court to try war crimes and crimes against humanity. Which crimes were committed and how did the international community reach such a recommendation? This post will take a look at the civil war which plagued Sri Lanka for 25 years, the subsequent international response and finally, what does it take to create an ad hoc hybrid tribunal?

    Read more
  • More Legal Protection for Journalists?

    On May first people around the world celebrate International Workers’ Day. Less known to the public are the festivities which take place Sunday, May third, in honor of World Press Freedom Day. On this date the international community celebrates the fundamental principles of press freedom; to evaluate press freedom around the world, to defend the media from attacks on their independence and to pay tribute to journalists who have lost their lives in the exercise of their profession.

    Read more
  • Drones Deployed during War raise Various Legal and Ethical Questions

    Drones can be used for many different purposes. The use of drones raises various legal and ethical questions ranging from humanitarian to privacy issues. The Peace and Security Salon of 9 April discussed these questions in the context of the deployment of armed drones and robots during wartime. Three specialists each discussed the use of drones from a different background.

    Read more
  • Drones and Robots as Means of Modern Warfare

    Several aspects of autonomous weapons systems and the deployment of drones during warfare will be discussed during the upcoming Peace and Security Salon: “Drones and Robots as means of modern warfare” which will be held at the Peace Palace Library on Thursday, the 9th of april. The use of drones as a weapons system has increased exponentially in recent years and this has given rise to a significant degree of controversy and a number of specific questions relating to their use. Questions which arise in relation to drones and autonomous weapons systems include whether they are in conformity with or potentially capable of complying with IHL requirements in conditions of contemporary warfare, issues of accountability and responsibility and ethical questions.

    Read more
  • Are There Limits To Warfare?

    Pro-Russian separatists marched captured Ukrainian soldiers through the streets of the eastern Ukrainian city of Donetsk over the weekend. The march was a news event that got the attention of many, including international human rights activists, calling the march a violation of the Geneva Conventions’ rules on the treatment of prisoners of war (POWs). The Geneva Conventions are at the core of international humanitarian law and provide a detailed framework for the protection of prisoners of war during armed conflict.

    Read more
  • Hague Academy Model United Nations on Drone Warfare and International Law

    Directed energy weapons, drones, self targeting bullets, mobile tactical high energy lasers, military robots, spy weapons, weapons undetectable under an x-ray scan, remote controlled insect armies, self driving tanks, robotic mules, thermal camouflage, surveillance technologies and autonomous unmanned systems are some examples of the high tech weapons and military technology that are now used during warfare. The use of this state of the art military technology raises serious ethical and legal questions: (when) is the use of drones acceptable?

    Read more
  • 60th Anniversary of the UNESCO 1954 Hague Convention for the Protection of Cultural Heritage in the Event of an Armed Conflict

    The 1954 Convention is the basic international treaty formulating rules to protect cultural heritage during armed conflicts. It regulates the conduct of nations during war and military occupation in order to assure the protection of cultural sites, monuments and repositories, including museums, libraries and archives. A Round table meeting in the Peace Palace is organized on Monday, 12 May 2014.

    Read more
  • Colombia: At Last Peace with the FARC?

    Columbia’s fourth attempt at peace with the Revolutionary Forces of Colombia (FARC) started formally last month in Oslo and will continue the 15th of November in Havana, Cuba. The earlier attempts- starting in 1984, 1990 and 1998- to end one of Latin America’s longest and bloodiest armed conflict all failed. Why would the outcome of the peace talks this time be different?

    Read more
  • Crimes against Cultural Property in Mali

    In an earlier Peace Palace Library blog (Cultucide in Timbuktu: Shari’a and war crimes) Ingrid Kost wrote that the Islamist Group Ansar (Ed)dine (“Defenders of the Faith”) destroyed some of the age-old mausolea of Sufi Saints in Timbuktu, Mali. One of the major causes of destruction of cultural property (the illicit trading, stealing and looting of cultural property is not covered in this blog) over the ages has been armed conflict. Crimes against cultural property should therefore be addressed properly.

    Read more
  • The Legality of Drone Attacks

    According to a recent report by Stanford and New York Universities’ law schools (Living Under Drones), the current US drone strike policy is counterproductive, has injured and killed civilians and undermines respect for international law. This blog explores briefly both the ius ad bellum and ius in bello implications of drone attacks.

    Read more
  • The Body Counts : Civilian Casualties in War

    Throughout 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 more
  • The International Criminal Court Delivers Judgment on Child Soldiers

    On 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 more
  • A Licence to Kill? The assassination of Osama Bin Laden: Has the USA gone too far in acting as a policeman or was the raid justified?

    Osama 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 more
  • Dresden 1945: An Allied War Crime?

    Since 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.

    Read more
  • New Convention on Cluster Munitions (CCM) to be signed on December 3, 2008

    Cluster 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 more
  • Judgement of the ICTY Appeals Chamber in the 'Dubrovnik' Case

    On 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).

    Read more

International Organisations

Research Guides

Research and Academia

Blogs

See also

More Research guides on Guerre et Paix

Other suggestions