Selection of International Humanitarian Law 2004

Author: Zhu Wenqi
Publisher:
Publication Date: 2006-08-01
Features: Like other disciplines of international law, international humanitarian law is a continuously evolving field (living law) that constantly introduces new developments. The present volume, Selected Works on International Humanitarian Law (hereinafter referred to as The Collection), includes 17 articles. Most of these articles are selected from the 2004 volume of International Review of the Red Cross. The issues discussed in these articles cover a broad range, but they all address new challenges in the fields of international law and international humanitarian law under the current international context. These are practical issues in international law worth understanding or researching.
In March 2003, the United States, the United Kingdom, and several other countries launched a military attack on Iraq. From a purely military perspective, the United States and the United Kingdom can be said to have achieved victory. They achieved a swift resolution with minimal casualties, quickly occupying Iraq. Three years have passed since the Iraq War, but U.S. forces still occupy the country. So, how should this occupation be viewed from an international law perspective? Military occupation rules fall under the realm of international humanitarian law. When a foreign military force exercises effective control over another country's territory without the consent of the occupying state's original sovereign authorities, it constitutes occupation under international law. Basic documents of international humanitarian law already contain provisions on military occupation. For example: the Fourth Protocol to the 1907 Hague Convention on the Laws and Customs of War on Land, the 1949 Geneva Convention IV on the Protection of Civilians in Time of War, and the 1977 Additional Protocol on the Protection of Victims of International Armed Conflicts, among others. However, like other issues in international humanitarian law, military occupation is also subject to development and change. In The Collection, Sylvain Vité's article, "The Application of International Law on Military Occupation in the Activities of International Organizations," and Matten Zwaveling's article, "The Situation in Iraq: Security Council Resolution 1483 and Occupation Law," provide a more detailed study of military occupation within the scope of international humanitarian law.
With the development of international and international criminal law, several international criminal legal institutions have been established worldwide. The determination of guilt in any criminal court trial hinges on evidence—the prosecution's charges against the defendant must meet the standard of "beyond a reasonable doubt." In terms of evidence, organizations engaged in humanitarian relief often visit people detained in concentration camps, so they possess detailed and clear knowledge of the specific details of atrocities committed against civilians. Consequently, the question arises: Should they testify before international criminal judicial institutions and provide relevant evidence?
Like other disciplines of international law, international humanitarian law is a continuously evolving field (living law) that constantly introduces new developments. The present volume, Selected Works on International Humanitarian Law (hereinafter referred to as The Collection), includes 17 articles. Most of these articles are selected from the 2004 volume of International Review of the Red Cross. The issues discussed in these articles cover a broad range, but they all address new challenges in the fields of international law and international humanitarian law under the current international context. These are practical issues in international law worth understanding or researching.
In March 2003, the United States, the United Kingdom, and several other countries launched a military attack on Iraq. From a purely military perspective, the United States and the United Kingdom can be said to have achieved victory. They achieved a swift resolution with minimal casualties, quickly occupying Iraq. Three years have passed since the Iraq War, but U.S. forces still occupy the country. So, how should this occupation be viewed from an international law perspective? Military occupation rules fall under the realm of international humanitarian law. When a foreign military force exercises effective control over another country's territory without the consent of the occupying state's original sovereign authorities, it constitutes occupation under international law. Basic documents of international humanitarian law already contain provisions on military occupation. For example: the Fourth Protocol to the 1907 Hague Convention on the Laws and Customs of War on Land, the 1949 Geneva Convention IV on the Protection of Civilians in Time of War, and the 1977 Additional Protocol on the Protection of Victims of International Armed Conflicts, among others. However, like other issues in international humanitarian law, military occupation is also subject to development and change. In The Collection, Sylvain Vité's article, "The Application of International Law on Military Occupation in the Activities of International Organizations," and Matten Zwaveling's article, "The Situation in Iraq: Security Council Resolution 1483 and Occupation Law," provide a more detailed study of military occupation within the scope of international humanitarian law.
With the development of international and international criminal law, several international criminal legal institutions have been established worldwide. The determination of guilt in any criminal court trial hinges on evidence—the prosecution's charges against the defendant must meet the standard of "beyond a reasonable doubt." In terms of evidence, organizations engaged in humanitarian relief often visit people detained in concentration camps, so they possess detailed and clear knowledge of the specific details of atrocities committed against civilians. Consequently, the question arises: Should they testify before international criminal judicial institutions and provide relevant evidence?