This year marks the 70th anniversary of the 1949 Geneva Conventions, which today form the core of international humanitarian law. This branch of international law endeavors to uphold fundamental human dignity even in the midst of armed conflicts. It sets rules and limits in armed conflicts for all warring parties, irrespective of how it started or who is deemed in the right, or in the wrong. It has also been supporting, since its inception, the work of humanitarian organizations, including the International Committee of the Red Cross (ICRC). It was this humanitarian spirit, which is present in many traditions, religions and customs around the world, that led a Swiss Businessman, Henry Dunant, to establish the ICRC and work toward the conclusion of the first Geneva Convention in 1864. The Swiss Government, as host of the 1949 Diplomatic Conference, has played a leading role in the adoption of the four Geneva Conventions.
In the aftermath of the Second World War, during which so many atrocities were committed, especially against the civilian population, the international community felt the urgency to adopt new rules to extend international humanitarian law's (IHL) protective character to civilians.
This task of reworking the existing Conventions, advanced by the Red Cross Movement in the 1930s, culminated on August 12, 1949: Many states convened in Geneva at the invitation of the Swiss government to adopt 429 articles, written largely by the lawyers of the ICRC. Even today, the Geneva Conventions represent one of the greatest achievements of inter-state cooperation.
By adopting the Geneva Conventions in 1949, even before the proliferation of civil wars, states had provided that a minimum set of rules remained applicable in these conflicts as well. Nevertheless, it was necessary to refine and reinforce the rules for the protection and conduct of hostilities. This was done with the adoption of the two Additional Protocols of 1977.
IHL as a whole establishes realistic rules, striking the right balance between military necessity and humanitarian considerations. If belligerents continue their operations, they must avoid civilian casualties as much as possible; therefore, it is absolutely forbidden to intentionally target the civilian population. Specific red lines are drawn: Killing a soldier who surrenders, bombing a hospital, torturing or denying care to wounded or sick people are all unacceptable violations of the law.
In these times of increasing polarization, where one hears advocates for extreme solutions, this body of law, which reflects a clear call to preserve a minimum of humanity even in times of armed conflict, remains more necessary than ever. Because after the war people will have to live together again, and enemies who have shown one another respect will inevitably have less resentment towards each other. IHL is a bet on humanity against horror.
In too many armed conflicts around the world however, we still witness violations of IHL. Prohibited weapons are used, health care or humanitarian workers are killed, civilians are deliberately targeted, detainees are inhumanely treated.
These violations may lead to a perception that IHL principles are never respected or that they are not relevant. But it would be wrong and indeed dangerous to believe that IHL is consistently violated and therefore irrelevant. We should also be mindful of examples where IHL has been respected and where it has saved thousands of lives. When a commander suspends a military operation because collateral civilian casualties are considered too important, it is a success of IHL. When ICRC delegates manage to have access to civilians in need and deliver humanitarian aid or a detainee is able to send a message to his family members, it is a success story of IHL. When a hospital continues to operate on a frontline, it is the same. All these victories do not necessarily make the front page of the newspapers but they exist and reinforce our determination to work for a more humane world.
Both violations and everyday achievements should remind us of the importance to collectively commit to doing more and to doing better; to implement and enhance the respect for the principles and rules of IHL.
The first question is, what can the ICRC do to ensure better respect for IHL?
Through the Geneva Conventions and the Statute of the Red Cross and Red Crescent Movement, states gave the ICRC the mandate to work to prevent suffering during armed conflicts and other situations of violence notably by promoting and strengthening humanitarian law and universal humanitarian principles. The ICRC continuously engages states and non-state armed groups to ensure that their behavior complies with IHL, where relevant.
Second, what can states do to ensure better respect for IHL?
China is a state Party to the Geneva Conventions as well as other core IHL treaties. The Chinese government has been actively participating in multilateral processes concerning the implementation, clarification and development of IHL. Multilateral discussions are essential to keep IHL up to speed. At the domestic level, China also established in 2007 a National IHL Committee in view of better coordinating and promoting the domestic implementation of IHL. Such Committees can play an essential role in coordinating and promoting the domestic implementation of IHL.
The Geneva Conventions set forth fundamental obligations, which, 70 years later, remain as relevant as ever. These core obligations have been complemented and reinforced by new IHL treaties. Great challenges await us: The multiplication and fragmentation of non-state armed groups, warfare in cyberspace or the arrival of other new technologies potentially affecting the conduct of hostilities, such as autonomous weapon systems and artificial intelligence on the battlefield are just a few factors of an equation with multiple unknowns. One thing is certain: Though conflicts may evolve, the essential principles remain. As states ultimately remain responsible to ensure respect for IHL in all circumstances, we trust that they will maintain the initial, fundamentally multilateral and universal spirit that led to the conclusion of the Geneva Conventions and will further support the implementation, clarification and development of IHL.