Law of Geneva and Law of The Hague
Josiah Nyangweso, LLB 3 2004
Abstract of the article "Droit de Genève et droit de La Haye"
Present-day international humanitarian law has grown from two main sources: the Law of
Geneva, i.e. a body of rules which protect victims of war, and the Law of The Hague, i.e.
those provisions which affect the conduct of hostilities. The author examines the different
policies which are behind these two branches of international humanitarian law and traces
their history up to the 1974-1977 Diplomatic Conference which, by adopting Additional
Protocol I, brought about their convergence. While the ICRC undoubtedly gave rise to the
Law of Geneva, its contribution to the development and implementation of the Hague Law
has been less explicit. The author argues that any involvement in humanitarian law today
implies a concern for both domains, which now are inseparable parts of modern
international humanitarian law.
The International Review of the Red Cross aims to promote debate, reflection and critical
analysis on international humanitarian law, humanitarian action and policy during
international armed conflict and other situations of violence. It appears four times a year.
Coming issue - No 855, September 2004 Special issue : Contemporary challenges to
humanitarian action
The armed conflicts in Afghanistan and Iraq and their ramifications for the fight against
terrorism have
The International Committee of the Red Cross as guardian of international humanitarian law
The ICRC acts as the guardian of international humanitarian law, a complex role that is closely
connected with its own foundation and was later formally entrusted to it by the international
community. The article presents various aspects of this role and examines its scope in the
contemporary context.
, The International Institute of Humanitarian Law
The Institute is officially recognized by the United Nations as a non-governmental organization,
having consultative status with the Economic and Social Council (ECOSOC) and the High
Commissioner for Refugees (UNHCR), and operational relations with UNESCO. It also holds
consultative status with the Council of Europe and has collaborated with various other regional
organizations. The Institute has a liaison office in Geneva where contacts are further developed.
The IIHL conducts its various activities in cooperation with other international organisations, in
particular, those mandated by the international community to engage in humanitarian action, such
as the International Committee of the Red Cross and the United Nations High Commissioner for
Refugees. Close links are also maintained with the UN High Commissioner for Human Rights,
the International Organization for Migration, the European Union and the International
Federation of Red Cross and Red Crescent Societies. The IIHL also co-operates with various non-
governmental organisations, military and academic institutions.
The ICRC's Advisory Service on International Humanitarian Law: the challenge of national
implementation
Paul Berman is a member of the ICRC's Legal Division and Legal Adviser to the Advisory
Service on International Humanitarian Law. A barrister, he holds degrees from the
Universities of Oxford and Geneva. He was Assistant Legal Adviser at the Foreign and
Commonwealth Office, London, from 1991 to 1996.
Implementation is the major challenge facing international humanitarian law today. The
problem of translating States' legal obligations into action is common to all areas of
international law. There is however a particularly acute contrast between humanitarian law's
highly developed rules, many of which enjoy nearly universal acceptance, and the repeated
violations of those rules in conflicts around the world.
While a number of international mechanisms have been developed to promote compliance
with humanitarian law,[1] it is States themselves which have the primary responsibility for
implementation. Under the 1949 Geneva Conventions and their 1977 Additional Protocols,
Josiah Nyangweso, LLB 3 2004
Abstract of the article "Droit de Genève et droit de La Haye"
Present-day international humanitarian law has grown from two main sources: the Law of
Geneva, i.e. a body of rules which protect victims of war, and the Law of The Hague, i.e.
those provisions which affect the conduct of hostilities. The author examines the different
policies which are behind these two branches of international humanitarian law and traces
their history up to the 1974-1977 Diplomatic Conference which, by adopting Additional
Protocol I, brought about their convergence. While the ICRC undoubtedly gave rise to the
Law of Geneva, its contribution to the development and implementation of the Hague Law
has been less explicit. The author argues that any involvement in humanitarian law today
implies a concern for both domains, which now are inseparable parts of modern
international humanitarian law.
The International Review of the Red Cross aims to promote debate, reflection and critical
analysis on international humanitarian law, humanitarian action and policy during
international armed conflict and other situations of violence. It appears four times a year.
Coming issue - No 855, September 2004 Special issue : Contemporary challenges to
humanitarian action
The armed conflicts in Afghanistan and Iraq and their ramifications for the fight against
terrorism have
The International Committee of the Red Cross as guardian of international humanitarian law
The ICRC acts as the guardian of international humanitarian law, a complex role that is closely
connected with its own foundation and was later formally entrusted to it by the international
community. The article presents various aspects of this role and examines its scope in the
contemporary context.
, The International Institute of Humanitarian Law
The Institute is officially recognized by the United Nations as a non-governmental organization,
having consultative status with the Economic and Social Council (ECOSOC) and the High
Commissioner for Refugees (UNHCR), and operational relations with UNESCO. It also holds
consultative status with the Council of Europe and has collaborated with various other regional
organizations. The Institute has a liaison office in Geneva where contacts are further developed.
The IIHL conducts its various activities in cooperation with other international organisations, in
particular, those mandated by the international community to engage in humanitarian action, such
as the International Committee of the Red Cross and the United Nations High Commissioner for
Refugees. Close links are also maintained with the UN High Commissioner for Human Rights,
the International Organization for Migration, the European Union and the International
Federation of Red Cross and Red Crescent Societies. The IIHL also co-operates with various non-
governmental organisations, military and academic institutions.
The ICRC's Advisory Service on International Humanitarian Law: the challenge of national
implementation
Paul Berman is a member of the ICRC's Legal Division and Legal Adviser to the Advisory
Service on International Humanitarian Law. A barrister, he holds degrees from the
Universities of Oxford and Geneva. He was Assistant Legal Adviser at the Foreign and
Commonwealth Office, London, from 1991 to 1996.
Implementation is the major challenge facing international humanitarian law today. The
problem of translating States' legal obligations into action is common to all areas of
international law. There is however a particularly acute contrast between humanitarian law's
highly developed rules, many of which enjoy nearly universal acceptance, and the repeated
violations of those rules in conflicts around the world.
While a number of international mechanisms have been developed to promote compliance
with humanitarian law,[1] it is States themselves which have the primary responsibility for
implementation. Under the 1949 Geneva Conventions and their 1977 Additional Protocols,
