Global Jurisprudence of War is Being Breached. But How Much Do We Really Understand?

Since time immemorial, humans have resorted to violence and brutality as means to resolve altercation, yet the global community have come to recognise the realities of warfare and have resolved to put forth legislation in efforts to limit such inhumanities.

So what are the legislative regulations surrounding war?

It's certainly an opportune inquiry, in an age fragmented by terrorising conflict, insurgency and massacre, and at the cost of innocent civilian lives.

A collective humanitarian spirit to alleviate and limit the effects of the brutalities of war initiated the formulation of the 1st Geneva Convention (1864) , which served to be the birth of modern International Humanitarian Law (IHL). Universal warfare legislation protects those not participating in conflict or fighting, in addition to those no longer able to.

“ The massive heart wrenching barbaric violations and battles among the international states, or even the Big Powers, megalomania ,‘ folie de grandeur’, and even the UN Peace keeping forces, lead us only to understand of the meagre contribution to the subject of IHL.”

― Henrietta Newton Martin, Rudiments of International Humanitarian Law

The principles of IHL dictate that there must be made a distinction of who or what can be attacked during armed conflict, and who or what must be protected.

Preliminary legalities of war

Under no circumstances can civilians ever be targeted; to do so is considered a war crime. It is prohibited to impose harm upon them or destroy that which their survival depends upon. Civilians always retain a right to receive the help and medical care that they require, regardless of their circumstance.

The laws of war further proscribe torture and maltreatment of detainees, whatever their history or background may be. They must be provided food, water, and allowed adequate communication with loved ones, which in turn conserves their dignity and ensures they remain alive.

Medical and aid workers such as those affiliated with the International Federation of Red Cross and Red Crescent Societies (IFRC) must always be allowed to complete their work and must never be attacked in circumstances of war and armed conflict. Moreover, the injured, wounded and sick possess a cardinal due to be cared for, regardless of whose party or body they are allied with.

Weapons technologies

In our ever technologically-advancing society, advances in weapons technologies have resulted in much adaption of legal regulations regarding warfare. Many newly developed weaponry and methods of warfare have been identified as unable to distinguish between fighters and civilians, and consequently, their use has been limited globally in violation of civilian protection. These contemporary technologies contest present governing specifications within which states appease their judicial liabilities concerning warfare.

The perceptible challenges encountered by states in fulfilment of their weaponry obligations of new technology weapons is thus under constant and thorough review. These challenges stem from the apparent absence of relevant specific treaty regulation concerning the application of technological advancement on modern weapons law.

The birth of IHL

Accordingly, International Humanitarian Law was contrived in order to attain the aforementioned objectives. IHL considers decisions that preserve a minimum of human dignity in times of war, and strives to reduce human suffering as much as possible. These universally recognised regulations make certain that civil harmony is always possible once war has concluded.