Selections from International Humanitarian Law. 2004

Author: Zhu Wenqi
Publisher:
Publish Date: 2006-08-01
Features: One of the fundamental principles of international humanitarian law is the distinction between military objectives and civilian objects. War is absolutely not a relationship between people, but a relationship between states. The principle of distinguishing between military objectives and civilian objects is the cornerstone of all war laws and customary laws, especially the rules on hostilities. Therefore, all basic legal documents of international humanitarian law prohibit the destruction or occupation of enemy property, unless such destruction or occupation is necessary for the war. Moreover, international humanitarian law has specifically formulated the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. The two articles, "The Origins of the Legal Protection of Cultural Property during Armed Conflict" by Fran?ois Bénédicte and "Marking Cultural Property with the Identification Mark of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict" by Jan Hradík, specifically research and discuss how to protect cultural property during armed conflict. International humanitarian law establishes rights and obligations for states through the formulation of numerous principles and rules. All these principles and provisions are either clearly contained in treaties or derived from customary law. Principles such as "the principle of distinction," "the principle of neutrality," "the principle of avoiding unnecessary injury," and "the Martens Clause" are all important principles of international humanitarian law. Mr. Jean Pictet witnessed the development of international humanitarian law and played a significant role in promoting its development. It is most appropriate for him to discuss the principles of international humanitarian law.