A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions (AP 1) , reprisals in the laws of war are extremely limited, as they commonly breach the rights of non-combatants .
110-640: The word came from French, where it originally meant "act of taking back", for example, raiding back the equivalent of cattle lost to an enemy raid. Reprisals refer to acts which are illegal if taken alone, but become legal when adopted by one state in retaliation for the commission of an earlier illegal act by another state. ICRC ’s Database of Customary International Humanitarian Law states in Rule 145: "Where not prohibited by international law, belligerent reprisals are subject to stringent conditions." "Counter-reprisals" are generally not allowed. An example of reprisal
220-462: A " competent tribunal " has determined that they are not eligible for POW status (e.g., Third Geneva Convention, Article 5.) At that point, an unlawful combatant may be interrogated, tried, imprisoned, and even executed for their violation of the laws of war pursuant to the domestic law of their captor, but they are still entitled to certain additional protections, including that they be "treated with humanity and, in case of trial, shall not be deprived of
330-683: A Sub-committee charged with the preparation of a Memorandum on these matters for submission to the Welfare Congress to be held in Berlin in September 1863. The members of this Sub-committee, aside from Dunant himself, were Gustave Moynier , lawyer and chairman of the Geneva Society for Public Welfare; physician Louis Appia , who had significant experience working as a field surgeon; Appia's friend and colleague Théodore Maunoir , from
440-504: A century, were by then part of the customary laws of war and binding on all parties whether the party was a signatory to the specific treaty or not. Interpretations of international humanitarian law change over time and this also affects the laws of war. For example, Carla Del Ponte , the chief prosecutor for the International Criminal Tribunal for the former Yugoslavia pointed out in 2001 that although there
550-462: A committee consisting of amiable but somewhat ineffective Geneva gentlemen. That which calls itself "international" has grown rather provincial… New blood, new methods, a new and more comprehensive outlook, these things are necessary. The League was established in 1919 with Davison as its chairman. However, "Swiss aloofness or unilateralism was hard to overcome", and the relationship between the ICRC and
660-536: A conditional declaration of war. Some treaties, notably the United Nations Charter (1945) Article 2, and other articles in the Charter, seek to curtail the right of member states to declare war; as does the older Kellogg–Briand Pact of 1928 for those nations who ratified it. These have led to fewer modern armed conflicts being preceded by formal declarations of war, undermining the objectives of
770-748: A lack of respect for the rules of the Geneva Conventions and their protection symbols. Among the slain delegates were: In 2011, ICRC launched the Health Care In Danger campaign to highlight risks to humanitarian healthcare workers. The original motto of the International Committee of the Red Cross was Inter Arma Caritas ("Amidst War, Charity"). It has preserved this motto while other Red Cross organizations have adopted others. Due to Geneva's location in
880-471: A mandate from the Geneva Conventions, the ICRC tried to ameliorate the suffering of civil populations. In territories that were officially designated as "occupied territories," the ICRC could assist the civilian population on the basis of the Hague Convention 's "Laws and Customs of War on Land" of 1907. This convention was also the legal basis for the ICRC's work for prisoners of war. In addition to
990-698: A mark in the history of the committee as its longest-serving President ever. In 1906, the 1864 Geneva Convention was revised for the first time. One year later, the Hague Convention X , adopted at the Second International Peace Conference in The Hague , extended the scope of the Geneva Convention to naval warfare. Shortly before the beginning of the First World War in 1914, 50 years after the foundation of
1100-605: A national relief society by the International Committee: Directly following the establishment of the Geneva Convention, the first national societies were founded in Belgium, Denmark, France, Oldenburg , Prussia, Spain, and Württemberg. Also in 1864, Louis Appia and Charles van de Velde , a captain of the Dutch Army , became the first independent and neutral delegates to work under the symbol of
1210-561: A new Convention "relative to the Protection of Civilian Persons in Time of War," was established. Also, the additional protocols of 8 June 1977 were intended to make the conventions apply to internal conflicts such as civil wars. Today, the four conventions and their added protocols contain more than 600 articles, a remarkable expansion when compared to the mere 10 articles in the first 1864 convention. In celebration of its centennial in 1963,
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#17327732701171320-480: A rather short period of time, the Red Cross gained huge momentum as an internationally respected movement, and the national societies became increasingly popular as a venue for volunteer work. When the first Nobel Peace Prize was awarded in 1901, the Norwegian Nobel Committee opted to give it jointly to Henry Dunant and Frédéric Passy , a leading international pacifist. More significant than
1430-455: A resistance, e.g. as a result of a foreign occupation . Modern laws of war, specifically within Protocol I additional to the 1949 Geneva Conventions, prohibits attacking people parachuting from an aircraft in distress regardless of what territory they are over. Once they land in territory controlled by the enemy, they must be given an opportunity to surrender before being attacked unless it
1540-444: A rifle, there is no rule that stipulates that you can only shoot back with a rifle, but using a machine gun would not be fair, or that if you are attacked with only one tank you cannot shoot back with two.” Humanity is a principle based on the 1907 Hague Convention IV - The Laws and Customs of War on Land restrictions against using arms, projectiles, or materials calculated to cause suffering or injury manifestly disproportionate to
1650-492: A single day, about 40,000 soldiers on both sides died or were left wounded on the field. Henry Dunant was shocked by the terrible aftermath of the battle, the suffering of the wounded soldiers, and the near-total lack of medical attendance and basic care. He completely abandoned the original intent of his trip and for several days he devoted himself to helping with the treatment and care for the wounded. He succeeded in organizing an overwhelming level of relief assistance by motivating
1760-511: A war crime if a bomb mistakenly or incidentally hits a residential area. By the same token, combatants that intentionally use protected people or property as human shields or camouflage are guilty of violations of the laws of war and are responsible for damage to those that should be protected. The use of contracted combatants in warfare has been an especially tricky situation for the laws of war. Some scholars claim that private security contractors appear so similar to state forces that it
1870-493: Is a principle that demands a certain amount of fairness and mutual respect between adversaries. Parties to a conflict must accept that their right to adopt means of injuring each other is not unlimited, they must refrain from taking advantage of the adversary's adherence to the law by falsely claiming the law's protections, and they must recognize that they are members of a common profession that fights not out of personal hostility but on behalf of their respective States. To fulfill
1980-417: Is apparent that they are engaging in a hostile act or attempting to escape. This prohibition does not apply to the dropping of airborne troops , special forces , commandos , spies , saboteurs , liaison officers , and intelligence agents . Thus, such personnel descending by parachutes are legitimate targets and, therefore, may be attacked, even if their aircraft is in distress. Modern laws of war, such as
2090-922: Is because in the future it may be the consensus view that depleted uranium projectiles breach one or more of the following treaties: The Universal Declaration of Human Rights , the Charter of the United Nations , the Genocide Convention , the United Nations Convention Against Torture , the Geneva Conventions including Protocol I , the Convention on Conventional Weapons of 1980, the Chemical Weapons Convention , and
2200-417: Is binding not only upon states as such but also upon individuals and, in particular, the members of their armed forces . Parties are bound by the laws of war to the extent that such compliance does not interfere with achieving legitimate military goals. For example, they are obliged to make every effort to avoid damaging people and property not involved in combat or the war effort , but they are not guilty of
2310-529: Is customary laws of war, many of which were explored at the Nuremberg War Trials . These laws define both the permissive rights of states as well as prohibitions on their conduct when dealing with irregular forces and non-signatories. The Treaty of Armistice and Regularization of War signed on November 25 and 26, 1820 between the president of the Republic of Colombia , Simón Bolívar and
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#17327732701172420-404: Is no specific treaty ban on the use of depleted uranium projectiles, there is a developing scientific debate and concern expressed regarding the effect of the use of such projectiles and it is possible that, in future, there may be a consensus view in international legal circles that use of such projectiles violates general principles of the law applicable to use of weapons in armed conflict. This
2530-628: Is the Naulila dispute between Portugal and Germany in October 1914, when they were on opposite sides of the World War I chasm. After three Germans were mistakenly killed in Naulila on the border of the then-Portuguese colony of Angola (in a manner that did not violate international law), Germany carried out a military raid on Naulila, destroying property in retaliation. A claim for compensation
2640-461: Is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance." It also conducts and coordinates international relief and works to promote and strengthen international humanitarian law and universal humanitarian principles. The core tasks of the committee, which are derived from the Geneva Conventions and its own statutes are: The ICRC drew up seven fundamental principles in 1965 that were adopted by
2750-497: Is unclear if acts of war are taking place by private or public agents. International law has yet to come to a consensus on this issue. During conflict, punishment for violating the laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal . After a conflict ends, any persons who have committed or ordered any breach of the laws of war, especially atrocities, may be held individually accountable for war crimes . Also, nations that signed
2860-450: Is violated. In the case of belligerent reprisals, apart from the three factors in the Naulila case: All four Geneva Conventions prohibit reprisals against, respectively, battlefield casualties, shipwreck survivors , prisoners of war , and protected persons ( civilian or military ), as well as certain buildings and property. The 1977 AP 1 defines what is an " indiscriminate attack ". ICRC The International Committee of
2970-679: The 1907 Hague Convention X . The 1929 Geneva convention "relative to the Treatment of Prisoners of War" may have been the second Geneva Convention from a historical point of view (because it was actually formulated in Geneva), but after 1949 it came to be called the third Convention because it came later chronologically than the Hague Convention. Reacting to the experience of World War II, the Fourth Geneva Convention ,
3080-514: The Convention on the Physical Protection of Nuclear Material . It has often been commented that creating laws for something as inherently lawless as war seems like a lesson in absurdity. But based on the adherence to what amounted to customary international humanitarian law by warring parties through the ages, it was believed by many, especially after the eighteenth century, that codifying laws of war would be beneficial. Some of
3190-665: The General Officer Commanding-in-Chief ( Nevil Macready ) informed the British Cabinet that Military Governors in martial law areas had been authorized to conduct reprisals in response to attacks on the military and police, under these conditions: Punishments will only be carried out on the authority of the Infantry Brigadier, who before taking action will satisfy himself that the people concerned were, owing to their proximity to
3300-531: The Geneva Hygiene and Health Commission ; and Guillaume-Henri Dufour , a Swiss Army general of great renown. Eight days later, on 17 February 1863, the five men held the first meeting of the Sub-committee and decided the Sub-committee should declare itself constituted a "Permanent International Committee", which would thus continue to exist as an "International Committee for Relief of Wounded in
3410-646: The League of Red Cross Societies was founded on 15 May 1919, by the societies of Great Britain , France , Japan , Italy , and the United States . Davison, wanted the League of Red Cross Societies to supersede the ICRC in controlling the Red Cross action in international affairs. He argued that: It should be in reality, and not merely in name an International Committee, a Committee on which there will be representatives from all countries, instead of, as at present,
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3520-564: The Peace and Truce of God . The impulse to restrict the extent of warfare, and especially protect the lives and property of non-combatants continued with Hugo Grotius and his attempts to write laws of war. The modern law of war is made up from three principal sources: Positive international humanitarian law consists of treaties (international agreements) that directly affect the laws of war by binding consenting nations and achieving widespread consent. The opposite of positive laws of war
3630-668: The Red Crystal . The Red Crescent was adopted by the Ottoman Empire during the Russo-Turkish war and the Red Crystal by the governments in 2005, as an additional emblem devoid of any national, political or religious connotation. The official mission statement says that: "The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission
3740-429: The declarations of war , acceptance of surrender and the treatment of prisoners of war , military necessity , along with distinction and proportionality ; and the prohibition of certain weapons that may cause unnecessary suffering. The law of war is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to
3850-411: The doctrine of belligerent reprisal ." After 1945, as a result of the general prohibition on use of force imposed by Article 2(4) of the United Nations Charter , armed reprisals in time of peace are no longer legal, but the possibility remains of non-armed reprisals (also known as countermeasures ) as well as belligerent reprisals during hostilities when the law of international armed conflict (LOIAC)
3960-537: The 1949 Geneva Conventions, also include prohibitions on attacking doctors , ambulances or hospital ships displaying a Red Cross , a Red Crescent , Magen David Adom , Red Crystal , or other emblem related to the International Red Cross and Red Crescent Movement . It is also prohibited to fire at a person or vehicle bearing a white flag , since that indicates an intent to surrender or a desire to communicate. In either case, people protected by
4070-454: The 1990s. It broke its customary media silence when it denounced the Rwandan genocide in 1994. It struggled to prevent the crimes that happened in and around Srebrenica in 1995 but admitted, "We must acknowledge that despite our efforts to help thousands of civilians forcibly expelled from the town and despite the dedication of our colleagues on the spot, the ICRC's impact on the unfolding of
4180-634: The Agency accumulated about 7 million records from 1914 to 1923, each card representing an individual prisoner or missing person. The card index led to the identification of about 2 million POWs and the ability to contact their families, as part of the Restoring Family Links effort of the organization. The complete index is on loan today from the ICRC to the International Red Cross and Red Crescent Museum in Geneva. The right to access
4290-740: The Amelioration of the Condition of the Wounded in Armies in the Field". Representatives of 12 states and kingdoms signed the convention: The convention contained ten articles, establishing for the first time legally binding rules guaranteeing neutrality and protection for wounded soldiers, field medical personnel, and specific humanitarian institutions in an armed conflict. Furthermore, the convention defined two specific requirements for recognition of
4400-863: The Chief of the Military Forces of the Spanish Kingdom , Pablo Morillo , is the precursor of the International Humanitarian Law. The Treaty of Guadalupe Hidalgo , signed and ratified by the United States and Mexico in 1848, articulates rules for any future wars, including protection of civilians and treatment of prisoners of war. The Lieber Code , promulgated by the Union during the American Civil War ,
4510-576: The Committee published a report reviewing its war-era activities from 1 September 1939 to 30 June 1947. Since January 1996, the ICRC archive for this period has been open to academic and public research. In December 1948 the ICRC was invited, along with the IFRC and AFSC , by the United Nations to take part in a $ 32 million emergency relief programme working with Palestinian refugees. The ICRC
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4620-535: The French-speaking part of Switzerland, the ICRC is also known under its initial French name Comité international de la Croix-Rouge (CICR). However, the ICRC has three official languages (English, French and Spanish). The official symbol of the ICRC is the Red Cross on white background (the inverse of the Swiss flag ) with the words "COMITE INTERNATIONAL GENEVE" circling the cross. Under the Geneva Convention,
4730-459: The Geneva Conventions are required to search for, try and punish, anyone who had committed or ordered certain "grave breaches" of the laws of war. ( Third Geneva Convention , Article 129 and Article 130.) Combatants who break specific provisions of the laws of war are termed unlawful combatants . Unlawful combatants who have been captured may lose the status and protections that would otherwise be afforded to them as prisoners of war , but only after
4840-515: The Geneva statutes including blatant violations such as the deportation of Jews from Germany and the mass murders conducted in the concentration camps run by the German government. Moreover, two other main parties to the conflict, the Soviet Union and Japan , were not party to the 1929 Geneva Conventions and were not legally required to follow the rules of the conventions. During the war,
4950-494: The Hague Convention. Modern laws of war regarding conduct during war ( jus in bello ), such as the 1949 Geneva Conventions , provide that it is unlawful for belligerents to engage in combat without meeting certain requirements. Article 4(a)(2) of the Geneva Convention relative to the Treatment of Prisoners of War recognizes Lawful Combatants by the following characteristics: Impersonating enemy combatants by wearing
5060-613: The ICRC observer status for its assembly sessions and sub-committee meetings, the first observer status given to a private organization. The resolution was jointly proposed by 138 member states and introduced by the Italian ambassador, Vieri Traxler , in memory of the organization's origins in the Battle of Solferino. An agreement with the Swiss government signed on 19 March 1993, affirmed the already long-standing policy of full independence of
5170-476: The ICRC a mandate to protect victims of international and internal armed conflicts . Such victims include war wounded persons, prisoners , refugees , civilians , and other non-combatants . The ICRC is part of the International Red Cross and Red Crescent Movement , along with the International Federation of Red Cross and Red Crescent Societies (IFRC) and 191 National Societies . It is
5280-475: The ICRC and the adoption of the first Geneva Convention, there were already 45 national relief societies throughout the world. The movement had extended itself beyond Europe and North America to Central and South America (Argentina, Brazil, Chile, Cuba, Mexico, Peru, El Salvador, Uruguay, Venezuela), Asia (the Republic of China, Japan, Korea, Siam ), and Africa (South Africa). With the outbreak of World War I ,
5390-578: The ICRC because they were deemed as acting unduly on his own authority and risking the ICRC's neutrality. Only in 1990 was his reputation finally rehabilitated by ICRC President Cornelio Sommaruga . In 1944, the ICRC received its second Nobel Peace Prize. As in World War I, it received the only Peace Prize awarded during the main period of war, 1939 to 1945. At the end of the war, the ICRC worked with national Red Cross societies to organize relief assistance to those countries most severely affected. In 1948,
5500-423: The ICRC failed to obtain an agreement with Nazi Germany about the treatment of detainees in concentration camps, and it eventually abandoned applying pressure to avoid disrupting its work with POWs. There was no public condemnation of treatment in concentration camps, and a proposed 1942 appeal on the conduct of hostilities was abandoned. In addition, the ICRC failed to develop a response to reliable information about
5610-564: The ICRC found itself confronted with enormous challenges which it could only handle by working closely with the national Red Cross societies. Red Cross nurses from around the world, including the United States and Japan, came to support the medical services of the armed forces of the European countries involved in the war. On 15 October 1914, immediately after the start of the war, the ICRC set up its International Prisoners-of-War ( POW ) Agency, which had about 1,200 mostly volunteer staff members by
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#17327732701175720-526: The ICRC was to provide the families of the prisoners with some hope and solace and to alleviate their uncertainties about the fate of their loved ones. After the end of the war, the ICRC organized the return of about 420,000 prisoners to their home countries. In 1920, the task of repatriation was handed over to the newly founded League of Nations , which appointed the Norwegian diplomat and scientist Fridtjof Nansen as its "High Commissioner for Repatriation of
5830-476: The ICRC, together with the League of Red Cross Societies , received its third Nobel Peace Prize. Since 1993, non-Swiss individuals have been allowed to serve as Committee delegates abroad, a task which was previously restricted to Swiss citizens. Indeed, since then, the share of staff without Swiss citizenship has increased to about 35%. On 16 October 1990, the UN General Assembly decided to grant
5940-425: The League became, and remained, a problem for years to come. The untimely death of Davison in 1922 after an operation will undoubtedly have had an adverse impact on the league’s ability to counter what he saw as Swiss intransigence. In 1923, the Committee adopted a change in its policy regarding the selection of new members. Until then, only citizens from the city of Geneva could serve in the committee. This limitation
6050-472: The Nazis. For the rest of the war, the Red Cross took its cues from Switzerland in avoiding acts of opposition or confrontation with the Nazis. On 12 March 1945, ICRC President Jacob Burckhardt received a message from SS General Ernst Kaltenbrunner accepting the ICRC's demand to allow delegates to visit the concentration camps. This agreement was bound by the condition that these delegates would have to stay in
6160-462: The Red Cross ( ICRC ) is a humanitarian organization based in Geneva , Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and promoting humanitarian norms . State parties (signatories) to the Geneva Convention of 1949 and its Additional Protocols of 1977 ( Protocol I , Protocol II ) and 2005 have given
6270-621: The Red Cross in an armed conflict. Three years later in 1867, the first International Conference of National Aid Societies for the Nursing of the War Wounded was convened. Also in 1867, Henry Dunant was forced to declare bankruptcy due to business failures in Algeria, partly because he had neglected his business interests during his tireless activities for the International Committee. The controversy surrounding Dunant's business dealings and
6380-478: The Red Cross/Crescent/Star or white flag are expected to maintain neutrality, and may not engage in warlike acts. In fact, engaging in war activities under a protected symbol is itself a violation of the laws of war known as perfidy . Failure to follow these requirements can result in the loss of protected status and make the individual violating the requirements a lawful target. The law of war
6490-583: The War Prisoners". His legal mandate was later extended to support and care for war refugees and displaced persons when his office became that of the League of Nations " High Commissioner for Refugees ". Nansen, who invented the Nansen passport for stateless refugees and was awarded the Nobel Peace Prize in 1922, appointed two delegates from the ICRC as his deputies. A year before the end of
6600-563: The battlefield. In June 1859, the Swiss businessman Henry Dunant travelled to Italy to meet French emperor Napoléon III with the intention of discussing difficulties in conducting business in Algeria, at that time occupied by France. When he arrived in the small Italian town of Solferino on the evening of 24 June, he witnessed the aftermath of the Battle of Solferino , an engagement in the Second Italian War of Independence . In
6710-411: The camps until the end of the war. Ten delegates, among them Louis Haefliger ( Mauthausen Camp ), Paul Dunant ( Theresienstadt Camp ) and Victor Maurer ( Dachau Camp ), accepted the assignment and visited the camps. Louis Haefliger prevented the forceful eviction or blasting of Mauthausen-Gusen by alerting American troops, thereby saving the lives of about 60,000 inmates. His actions were condemned by
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#17327732701176820-414: The case of war. In addition, he called for the development of international treaties to guarantee the neutrality and protection of those wounded on the battlefield as well as medics and field hospitals. On 9 February 1863, the Geneva Society for Public Welfare held a meeting where it was decided to give serious consideration to the suggestions made in Dunant's book and appointed five of its members to form
6930-408: The central principles underlying laws of war are: To this end, laws of war are intended to mitigate the hardships of war by: The idea that there is a right to war concerns, on the one hand, the jus ad bellum, the right to make war or to enter war, assuming a motive such as to defend oneself from a threat or danger, presupposes a declaration of war that warns the adversary: war is a loyal act, and on
7040-475: The circumstances when war could or could not be morally justified. In 697, Adomnan of Iona gathered Kings and church leaders from around Ireland and Scotland to Birr , where he gave them the ' Law of the Innocents ', which banned killing women and children in war, and the destruction of churches. Apart from chivalry in medieval Europe , the Roman Catholic Church also began promulgating teachings on just war , reflected to some extent in movements such as
7150-540: The committee from any possible interference by Switzerland. The agreement protects the full sanctity of all ICRC property in Switzerland including its headquarters and archive, grants members and staff legal immunity, exempts the ICRC from all taxes and fees, guarantees the protected and duty-free transfer of goods, services, and money, provides the ICRC with secure communication privileges at the same level as foreign embassies, and simplifies Committee travel in and out of Switzerland. The ICRC continued its activities throughout
7260-400: The concentration camps and delivered about 1.1 million parcels, primarily to the camps Dachau , Buchenwald , Ravensbrück , and Sachsenhausen . Swiss historian Jean-Claude Favez, who conducted an 8-year review of the Red Cross records, says that even though the Red Cross knew by November 1942 about the Nazi's annihilation plans for the Jews – and even discussed it with U.S. officials –
7370-437: The concrete and direct military advantage anticipated. Distinction is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must distinguish between combatants and protected civilians . Proportionality is a principle under international humanitarian law governing the legal use of force in an armed conflict, whereby belligerents must make sure that
7480-401: The conditions of the detainees. The most reliable primary source on the role of the Red Cross during World War II are the three volumes of the "Report of the International Committee of the Red Cross on its activities during the second world war (September 1, 1939 – June 30, 1947)" written by the International Committee of the Red Cross itself. The report can be read online. The legal basis of
7590-415: The conduct or justification of war. The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi , king of Babylon, which in 1750 B.C., explains its laws imposing a code of conduct in the event of war: I prescribe these laws so that the strong do not oppress the weak. An example from the Book of Deuteronomy 20:19–20 limits the amount of environmental damage, allowing only
7700-413: The courageous acts of individual ICRC delegates at the time. On 4 October 2023 the committee issued a set of rules for civilian hackers to abide by . At the end of the Cold War , the ICRC's work actually became more dangerous. In the 1990s, more delegates lost their lives than at any point in its history, especially when working in local and internal armed conflicts. These incidents often demonstrated
7810-401: The cutting down of non-fruitful trees for use in the siege operation, while fruitful trees should be preserved for use as a food source. Similarly, Deuteronomy 21:10–14 requires that female captives who were forced to marry the victors of a war, then not desired anymore, be let go wherever they want, and requires them not to be treated as slaves nor be sold for money. In the early 7th century,
7920-447: The end of 1914. By the end of the war, the Agency had transferred about 20 million letters and messages, 1.9 million parcels, and about 18 million Swiss francs in monetary donations to POWs of all affected countries. Furthermore, due to the intervention of the Agency, about 200,000 prisoners were exchanged between the warring parties, released from captivity and returned to their home country. The organizational card index of
8030-483: The end of the war, 179 delegates had conducted 12,750 visits to POW camps in 41 countries. The Central Information Agency on Prisoners-of-War ( Zentralauskunftsstelle für Kriegsgefangene ) had a staff of 3,000, the card index tracking prisoners contained 45 million cards, and 120 million messages were exchanged by the Agency. One major obstacle was that the Nazi -controlled German Red Cross refused to cooperate with
8140-476: The enemy to desist from illegitimate practices’". The official 1940 American Rules of Land Warfare stated that "commanding officers must assume responsibility for retaliative measures when an unscrupulous enemy leaves no other recourse against the repetition of barbarous outrages." Both Rogers and Bennett write that "[s]tate practice in the Second World War was characterised by, among other factors,
8250-418: The enemy's uniform is possibly allowed, however the issue is unsettled. Fighting in that uniform is unlawful perfidy , as is the taking of hostages . Combatants also must be commanded by a responsible officer. That is, a commander can be held liable in a court of law for the improper actions of their subordinates. There is an exception to this if the war came on so suddenly that there was no time to organize
8360-492: The entire Red Cross Movement. They are humanity, impartiality, neutrality, independence, volunteerism, unity, and universality. Law of war The law of war is a component of international law that regulates the conditions for initiating war ( jus ad bellum ) and the conduct of hostilities ( jus in bello ). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address
8470-482: The event of War" after its mandate from the Geneva Society for Public Welfare had expired. Among other activities, the Committee organized an international conference in Geneva in October (26–29) 1863 to develop possible measures to improve medical services on the battlefield. The conference was attended by 36 individuals: eighteen official delegates from national governments, six delegates from other non-governmental organizations, seven non-official foreign delegates, and
8580-428: The extermination camps and the mass killing of European Jews. This is still considered the greatest failure of the ICRC in its history. After November 1943, the ICRC achieved permission to send parcels to concentration camp detainees with known names and locations. Because the notices of receipt for these parcels were often signed by other inmates, the ICRC managed to register the identities of about 105,000 detainees in
8690-400: The first Sunni Muslim caliph , Abu Bakr , whilst instructing his Muslim army , laid down rules against the mutilation of corpses, killing children, females and the elderly. He also laid down rules against environmental harm to trees and slaying of the enemy's animals: Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from
8800-519: The five members of the committee. The states and kingdoms represented by official delegates were Grand Duchy of Baden , Kingdom of Bavaria , Second French Empire , United Kingdom of Great Britain and Ireland , Kingdom of Hanover , Grand Duchy of Hesse , Kingdom of Italy , Kingdom of the Netherlands , Austrian Empire , Kingdom of Prussia , Russian Empire , Kingdom of Saxony , United Kingdoms of Sweden and Norway , and Spanish Empire . Among
8910-442: The five most commonly cited principles of international humanitarian law governing the legal use of force in an armed conflict. Military necessity is governed by several constraints: an attack or action must be intended to help in the defeat of the enemy; it must be an attack on a legitimate military objective , and the harm caused to protected civilians or civilian property must be proportional and not excessive in relation to
9020-429: The group did nothing to inform the public, maintaining silence even in the face of pleas by Jewish groups. Because the Red Cross was based in Geneva and largely funded by the Swiss government, it was very sensitive to Swiss wartime attitudes and policies. In October 1942, the Swiss government and the Red Cross' board of members vetoed a proposal by several Red Cross board members to condemn the persecution of civilians by
9130-521: The harm caused to protected civilians or civilian property is not excessive in relation to the concrete and direct military advantage expected by an attack on a legitimate military objective. However, as Robbie Sabel, Professor of international law at the Hebrew University, who has written on this topic, notes: “Anyone with experience in armed conflict knows that you want to hit the enemy’s forces harder than they hit you… if you are attacked with
9240-402: The honour of the prize itself, the official congratulation from the International Committee of the Red Cross marked the overdue rehabilitation of Henry Dunant and represented a tribute to his key role in the formation of the Red Cross. Dunant died nine years later in the small Swiss health resort of Heiden . Only two months earlier his long-standing adversary Gustave Moynier had also died, leaving
9350-402: The index is still strictly restricted to the ICRC. During the entire war, the ICRC monitored warring parties' compliance with the Geneva Conventions of the 1907 revision and forwarded complaints about violations to the respective country. When chemical weapons were used in this war for the first time in history, the ICRC vigorously protested against this new type of warfare. Even without having
9460-438: The international conference became the forum for debate and agreement between states and the "multilateral treaty" served as the positive mechanism for codification. The Nuremberg War Trial judgment on "The Law Relating to War Crimes and Crimes Against Humanity" held, under the guidelines Nuremberg Principles , that treaties like the Hague Convention of 1907 , having been widely accepted by "all civilised nations" for about half
9570-533: The local population to aid without discrimination. Back in his home in Geneva , he decided to write a book titled A Memory of Solferino which he published with his own money in 1862. He sent copies of the book to leading political and military figures throughout Europe. In addition to penning a vivid description of his experiences in Solferino in 1859, he explicitly advocated the formation of national voluntary relief organizations to help nurse wounded soldiers in
9680-416: The military advantage realized by the use of the weapon for legitimate military purposes. In some countries, weapons are reviewed prior to their use in combat to determine if they comply with the law of war and are not designed to cause unnecessary suffering when used in their intended manner. This principle also prohibits using an otherwise lawful weapon in a manner that causes unnecessary suffering. Honour
9790-440: The nature of international law often relies on self-policing by individual states), the content and interpretation of such laws are extensive, contested, and ever-changing. The following are particular examples of some of the substance of the laws of war, as those laws are interpreted today. Section III of the Hague Convention of 1907 required hostilities to be preceded by a reasoned declaration of war or by an ultimatum with
9900-411: The oldest and most honoured organization within the movement and one of the most widely recognized organizations in the world, having won three Nobel Peace Prizes (in 1917, 1944, and 1963). Up until the middle of the 19th century , there were no organized and well-established army nursing systems for casualties and no safe and protected institutions to accommodate and treat those who were wounded on
10010-400: The organization has learned from the failure: In an official statement made on 27 January 2005, the 60th anniversary of the liberation of Auschwitz, the ICRC stated: Auschwitz also represents the greatest failure in the history of the ICRC, aggravated by its lack of decisiveness in taking steps to aid the victims of Nazi persecution. This failure will remain part of the ICRC's memory, as will
10120-634: The other hand, jus in bello, the law of war, the way of making war, which involves behaving as soldiers invested with a mission for which all violence is not allowed. In any case, the very idea of a right to war is based on an idea of war that can be defined as an armed conflict, limited in space, limited in time, and by its objectives. War begins with a declaration (of war), ends with a treaty (of peace) or surrender agreement, an act of sharing, etc. Military necessity , along with distinction , proportionality , humanity (sometimes called unnecessary suffering), and honor (sometimes called chivalry) are
10230-442: The outrage or their known political tendencies, implicated in the outrage, and will give specific instructions in writing, or by telegram to the officer detailed to carry out the operation. Bennett writes that the events of World War II can be seen through either the prism of negative reciprocity or the prism of reprisal. If the latter, "the rules also required that reprisals be used ‘only as an unavoidable last resort to induce
10340-432: The proposals written in the final resolutions of the conference, adopted on 29 October 1863, were: Only one year later, the Swiss government invited the governments of all European countries, as well as the United States, Brazil, and Mexico, to attend an official diplomatic conference. Sixteen countries sent a total of twenty-six delegates to Geneva. On 22 August 1864, the conference adopted the first Geneva Convention "for
10450-424: The purposes noted above, the laws of war place substantive limits on the lawful exercise of a belligerent's power. Generally speaking, the laws require that belligerents refrain from employing violence that is not reasonably necessary for military purposes and that belligerents conduct hostilities with regard for the principles of humanity and chivalry . However, because the laws of war are based on consensus (as
10560-464: The red cross, red crescent and red crystal emblems provide protection for military medical services and relief workers in armed conflicts and is to be placed on humanitarian and medical vehicles and buildings. The original emblem that has a red cross on a white background is the exact reverse of the flag of neutral Switzerland. It was later supplemented by two others which are the Red Crescent , and
10670-561: The respective activities of the ICRC significantly increased the reputation and authority of the Committee among the international community and led to an extension of its competencies. As early as in 1934, a draft proposal for an additional convention for the protection of the civil population during an armed conflict was adopted by the International Red Cross Conference. Unfortunately, most governments had little interest in implementing this convention, and it
10780-534: The resulting negative public opinion, combined with an ongoing conflict with Gustave Moynier, led to Dunant's expulsion from his position as a member and secretary. He was charged with fraudulent bankruptcy and a warrant for his arrest was issued. Thus, he was forced to leave Geneva and never returned to his home city. In the following years, national societies were founded in nearly every country in Europe. The project resonated well with patriotic sentiments that were on
10890-585: The right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone. In the history of the early Christian church, many Christian writers considered that Christians could not be soldiers or fight wars. Augustine of Hippo contradicted this and wrote about ' just war ' doctrine, in which he explained
11000-547: The rise in the late-nineteenth-century, and national societies were often encouraged as signifiers of national moral superiority. In 1876, the committee adopted the name "International Committee of the Red Cross" (ICRC), which is still its official designation today. Five years later, the American Red Cross was founded through the efforts of Clara Barton . More and more countries signed the Geneva Convention and began to respect it in practice during armed conflicts. In
11110-522: The tragedy was extremely limited." It went public once again in 2007 to decry "major human rights abuses" by Burma's military government including forced labour, starvation, and murder of men, women, and children. By taking part in the 1995 ceremony to commemorate the liberation of the Auschwitz concentration camp , the President of the ICRC, Cornelio Sommaruga , sought to show that the organization
11220-497: The war, the ICRC received the 1917 Nobel Peace Prize for its outstanding wartime work. It was the only Nobel Peace Prize awarded in the period from 1914 to 1918. After the war ended, Henry Pomeroy Davison , who had been Chairman of the War Council of the American Red Cross pressed for the creation of an international organization to coordinate the work of the different national Red Cross societies. Based on his recommendation,
11330-508: The work of the ICRC during World War II was the Geneva Conventions (1929) revision, as well as the Convention relating to the International Status of Refugees , of 28 October 1933. The activities of the committee were similar to those during World War I: visiting and monitoring POW camps, organizing relief assistance for civilian populations, and administering the exchange of messages regarding prisoners and missing persons. By
11440-592: The work of the International Prisoner-of-War Agency as described above this included inspection visits to POW camps . A total of 524 camps throughout Europe were visited by 41 delegates from the ICRC until the end of the war. Between 1916 and 1918, the ICRC published a number of postcards with scenes from the POW camps. The pictures showed the prisoners in day-to-day activities such as the distribution of letters from home. The intention of
11550-531: Was brought by Portugal. The tribunal emphasized that before reprisals could be legally undertaken, a number of conditions had to be satisfied: The German claim that it had acted lawfully was rejected on all three grounds. During the Irish War of Independence reprisals were authorized by British authorities in areas of Ireland that were under martial law . From December 1920 until June 1921 approximately 150 "official" reprisals were carried out. In December 1920
11660-410: Was critical in the development of the laws of land warfare. Historian Geoffrey Best called the period from 1856 to 1909 the law of war's "epoch of highest repute." The defining aspect of this period was the establishment, by states, of a positive legal or legislative foundation (i.e., written) superseding a regime based primarily on religion, chivalry, and customs. It is during this "modern" era that
11770-420: Was expanded to include Swiss citizens. As a direct consequence of World War I, an additional protocol to the Geneva Convention was adopted in 1925 which outlawed the use of suffocating or poisonous gases and biological agents as weapons. Four years later, the original Convention was revised and the second Geneva Convention "relative to the Treatment of Prisoners of War" was established. The events of World War I and
11880-402: Was fully aware of the gravity of The Holocaust and the need to keep the memory of it alive, so as to prevent any repetition of it. He paid tribute to all those who had suffered or lost their lives during the war and publicly regretted the past mistakes and shortcomings of the Red Cross with regard to the victims of the concentration camps. In 2002, an ICRC official outlined some of the lessons
11990-469: Was given responsibility for the areas that are now the West Bank and Israel . On 12 August 1949, further revisions to the existing two Geneva Conventions were adopted. An additional convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea", now called the second Geneva Convention, was brought under the Geneva Convention umbrella as a successor to
12100-553: Was thus prevented from entering into force before the beginning of World War II. In the Interwar period , Bolivia and Paraguay were disputing possession of the Gran Chaco - a desert region between the two countries. The dispute escalated into a full-scale conflict in 1932. During the war the ICRC visited 18,000 Bolivian prisoners of war and 2,500 Paraguayan detainees. With the help of the ICRC both countries made improvements to
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