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.

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Database

Blogs

  • The Capture of the Santa Catarina (1603)

    By 1602, the newly formed Dutch East India Company (VOC) was threatening Portugal’s monopoly over the Asian spice trade. In response, the Portuguese government designed an extensive campaign to drive out the Dutch from the East Indies. Outraged by the atrocities the Portuguese inflicted on the Dutch and their allies, Admiral Van Heemskerck – sailing in the Strait of Singapore – prepared to retaliate against the Portuguese. After spending months of looking for a Portuguese ship to capture, they at last found one on that morning of February 25, 1603. And not just any ship, but the treasure ship Santa Catarina. The ship and its cargo ended up as booty of war and were taken back to Europe. The incident of the Santa Catarina was most certainly not uncontroversial from a legal point of view …

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  • Men and Boys as Hidden Victims of Sexual Violence

    Generally, victims of rape and other types of sexual violence are reluctant to speak out. Unfortunately, exclusion and stigmatization are the unavoidable corollary of acts of sexual violence. While there still is limited awareness, focus and advocacy on women’s rights in sexually violent circumstances, it is even less so when men are the victims of these crimes. Reflections on the male victims’ perspective to sexual violence in unrest inspired Sophia Ugwu and her team at Centre for African Justice Peace and Human Rights, a non-profit Foundation based in The Hague, to organise a Symposium on sexual violence perpetrated against the Male gender.

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  • Perspectives on Mass Violence: Peace and Conflict Studies and Genocide Studies Compared

    This week’s compelling guest blog compares the fields of Conflict Studies with Genocide Studies, its intriguing differences and similarities and the general lack of cross-pollination between them, even though they both deal with questions of collective violence and individual participation in violence. The author, Kjell Anderson, is a jurist and social scientist and works in both fields of Conflict Studies and Genocide studies.

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  • Air Warfare and International Law: A Bibliographic Overview

    All armed conflicts are covered by the basic rules and principles of the laws of war, wherever the theatre of operations might be, land, sea or air. Although some treaty and customary law specifically refers to certain aspects of aerial warfare, no specific regulation of modern air warfare has yet been adopted. Nevertheless, it is clear that the general principles and rules of international humanitarian law apply. We have created a bibliographic overview on this topic intended as a starting point for your research.

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  • The Washington Naval Treaty: Averting the Allied Arms Race

    The 1916 US Naval Act and its 1918 proposed expansion triggered a Naval Arms Race between it and it’s allied nations of Great Britain and Japan.
    Finally, the United States Government invited the principal naval powers to a conference to discuss the situation and end the Naval Arms Race.
    A bold opening suggestion from the US government resulted in the scrapping and halting of most naval capital ships.
    The Washington Naval Treaty signed on the 6th of February 1922

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  • Targeted Killing of European Foreign Terrorist Fighters in Syria and Iraq

    In recent years, a significant number of European nationals have travelled to Syria or Iraq to train and fight with terrorist groups such as the Islamic State (IS). This flow of foreign terrorist fighters (FTFs) has posed serious security concerns for Europe, in particular with regards to the threat posed by FTFs returning to Europe to carry out terrorist attacks. In this context, it appears that a number of States have resorted to targeted strikes against their citizens in Syria and Iraq.

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  • Natural Disasters and International Law

    Natural disasters like the hurricanes Irma and Jose took a deadly path through the Caribbean and Florida, causing widespread destruction. Over the last decade, major natural disasters, including the 2004 Indian Ocean tsunami, the 2005 hurricane Katrina, the 2010 Haiti earthquake, and the 2011 Japanese earthquake and tsunami, have focused world attention on the importance of having adequate national legal frameworks in place for disaster prevention and response. Legislation plays a crucial role in promoting and supporting disaster risk reduction as well as in guaranteeing the speed and effectiveness of disaster response. This blog explains in short the role and importance of international disaster response law.

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  • The Martens Clause: A New Library Special

    The Martens clause is named after the Russian diplomat and international law professor Fyodor Fyodorovich Martens (1845-1909), the Russian delegate at the The Hague Peace Conferences in 1899. The Martens clause came into existence as a diplomatic statement made by diplomat Martens who wanted to come up with a solution for a disagreement between large occupying forces and smaller states. Martens, who was of the opinion that international law should illuminate and set normative standards, created the clause to fill a legal vacuum and help alleviate the horrors of war. The clause serves as a reminder that an act is not just yet permissible when an act of war is not expressly prohibited by international law or customary law.

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  • 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.

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  • 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?

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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?

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  • 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.

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  • 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?

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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?

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  • 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.

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  • 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 […]

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  • 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).

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