International humanitarian law’s role to safeguard humanity

The recently declared forced repatriation of the OFWs impelled by the escalating viciousness of the conflicts in Syria and Libya has brought the ravages of war close to home even here in the Philippines. Alarmingly, the nature of today’s wars is progressively affecting civilians. Fighting is no longer taking place on clearly defined battlefields, but increasingly in the midst of populated areas. Today, traditional wars between armies of opposing states are the exception, while non-international conflicts have become the norm. Civilians bear the brunt of armed conflicts, with Syria and Libya being a case in point.

It is ominous that only days ago, the world observed the 150th anniversary of the first Geneva Convention. This first humanitarian treaty was enacted to ameliorate the condition of the wounded and sick in armed forces in the field. It thereby enshrined in international law the idea that even in times of war, a minimum of humanity must be upheld. The adoption of the first Geneva Convention can be attributed to the compassion and vision of Henry Dunant, a Swiss businessman who witnessed the Battle of Solferino in Northern Italy on 24 June 1859. The fighting left almost 5,000 dead and more than 20,000 injured. The atrocities and horrific suffering which Dunant observed while attending to the victims left a scarring mark on his memory. More importantly it compelled him to mobilize the international community to sign the Convention on 22 August 1864.

International humanitarian law has developed and adapted, gradually, to the changes in the nature of warfare. Appalled by the destruction and suffering caused by the Second World War, states agreed – in the four Geneva Conventions of 1949 – to extend the protection afforded by international law to all persons who are not or no longer participating in hostilities – prisoners of war and civilians, wounded and sick soldiers. The use of certain weapons, such as biological or chemical weapons, cluster munitions and anti-personnel mines is now widely condemned. International humanitarian law today provides an adequate framework to protect the most vulnerable from the brutality of war. Through training of soldiers or the prosecution of the worst war crimes, and thanks in particular to the founding of the International Criminal Court (ICC), implementation has also seen progress.

Nevertheless, media continue to disseminate horrific reports from around the globe of unspeakable suffering in armed conflicts. Much too often, lack of respect for the existing rules is the principal cause of this suffering. A law that is regularly violated without provoking any clear response is likely to erode and lose its validity over time.

Strengthening compliance with international humanitarian law is therefore one of the most important humanitarian challenges today. Switzerland and the International Committee of the Red Cross (ICRC) have undertaken a major consultation process on how to improve compliance with international humanitarian law, notably by developing stronger international mechanisms. Proposals and recommendations will be submitted to the 32nd International Conference of the Red Cross and Red Crescent, which will be held in Geneva in late 2015, for states to decide what action to take.

Since the adoption of the first Geneva Convention 150 years ago, international humanitarian law has become a central pillar of the international legal order. Ultimately its provisions serve to protect the key identity of human beings: our humanity. This is a timeless law. It is based on the belief that it is essential to lay down rules if wars should be kept from slipping into pure savagery. Today, our priority must be to strengthen the respect of these rules – both to protect human beings from suffering and to recall, reaffirm and consolidate these indispensable principles of humanity.

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(Ivo Sieber is the Ambassador of Switzerland.)