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International humanitarian law also called the law of war sets out detailed rules that seek to limit the effects of armed
conflict. In particular, it protects those who are not, or no longer, taking part in the fighting, and sets limits on the means and
methods of warfare. Humanitarian law is a universal set of rules. Its main treaties have been accepted by nearly every State in
the world. However, becoming party to these agreements is only a first step. Efforts must be made to implement humanitarian
law to turn the rules into action.
What is implementation? the armed forces, or other State a range of measures must be
bodies. taken. The main ones are:
The term implementation covers all
measures that must be taken to There may also be a role for 1) to have the Conventions and
ensure that the rules of international professional and educational bodies, Protocols translated into the
humanitarian law are fully respected. the National Red Cross or Red national language(s);
However, it is not sufficient merely to Crescent Society or other voluntary
apply these rules once fighting has organizations. 2) to spread knowledge of their
begun. There are also measures that provisions as widely as possible
must be taken in both wartime and Measures have also been taken at both within the armed forces
peacetime. These measures are an international level to deal with and the general population;
necessary to ensure that: violations of humanitarian law. An
International Fact-Finding 3) to repress all violations listed as
both civilians and the military Commission has been set up and such in the above-mentioned
personnel are familiar with the States are encouraged to use its instruments and, in particular, to
rules of humanitarian law; services. Tribunals have been set up adopt criminal legislation that
to deal with violations committed punishes war crimes;
the structures, administrative during the recent conflicts in Rwanda
arrangements and personnel and in the former Yugoslavia. An 4) to ensure that persons, property
required for compliance with the international criminal court was and places protected by the law
law are in place; created by the 1998 Rome Statute. are properly identified, marked
and protected;
violations of humanitarian law However, it is the States which
are prevented, and punished continue to bear primary 5) to adopt measures to prevent the
when they do occur. responsibility for effectively misuse of the red cross, the red
implementing the law, and which crescent and other symbols and
Such measures are essential to must adopt measures at a national emblems provided for in the
ensure that the law is truly level. Conventions and Protocols;
respected.
6) to ensure that protected persons
What needs to be done? enjoy judicial and other
Who should implement? fundamental guarantees during
Under international humanitarian law armed conflict;
All States have a clear obligation to that is, the 1949 Geneva
adopt and carry out measures Conventions, their Additional 7) to appoint and train persons
implementing humanitarian law. Protocols of 1977 relating to the qualified in international
These measures may need to be protection of victims of armed humanitarian law, in particular
taken by one or more government c o nf l i c t s, t h e 1 9 5 4 Ha g u e legal advisers within the armed
ministries, the legislature, the courts, Convention on Cultural Property and forces;
the latter's Second Protocol of 1999