Sunday, June 2, 2024

There are two important impediments to applying International humanitarian treaty law to current armed conflicts. First, treaties apply only to the States that have ratified them. Secondly, this wealth of treaty law does not regulate a large proportion of today’s armed conflicts in sufficient detail.

 International Humanitarian Law (Four Geneva Conventions and Three Additional Protocols)

 International humanitarian treaty law is well developed, covering various aspects of war, protecting victims of war, and limiting the permissible means and methods of war The four Geneva Conventions and the Additional Protocols provide a broad system of protection for those who do not or no longer participate in armed conflict. However, there are two important obstacles. The first obstacle is that the Convention applies only to countries that have ratified it. The second obstacle is that this wealth of treaty law does not regulate the vast majority of today's armed conflicts in sufficient detail.

https://ihl-databases.icrc.org/en/customary-ihl/v1

I. Principles of Distinction (Chapters 1-6)

II. Persons and Objects Specifically Protected (Chapters 7-14)

III. Specific methods of warfare (Chapters 13 to 31)

IV.  Treatment of civilians and non-combatants (Chapters 32 to 39)

Chapter 35: The Dead

https://ihl-databases.icrc.org/en/customary-ihl/v1

Rule 112 (Search and collection of the dead) Whenever circumstances permit, and especially after an engagement, the Parties to the conflict shall take all measures to search for, collect, and evacuate the dead without delay.

Rule 113 (Treatment of the Dead) Each Party to the conflict shall take all possible measures to prevent the looting of the dead. The mutilation of corpses shall be prohibited.

https://ihl-databases.icrc.org/en/customary-ihl/v1/rule113

Rule 114 (Return of Remains and Relics) The Parties to the conflict shall endeavor to facilitate the return of the remains of the deceased at the request of the Party to which he belongs or at the request of his next of kin. The Parties to the conflict shall return the remains

https://ihl-databases.icrc.org/en/customary-ihl/v1/rule114

Rule 115 (Disposal of the Dead) The dead shall be disposed of respectfully and their graves shall be respected and properly maintained.

https://ihl-databases.icrc.org/en/customary-ihl/v1/rule115

Rule 116 (Recording of the Dead) Each disputing party must record all available information prior to disposition and mark the location of the grave for identification of the dead.

https://ihl-databases.icrc.org/en/customary-ihl/v1/rule116

VI. Implementation (Chapters 40-44)



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