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References to Islamic law made by the delegations of Egypt, Saudi Arabia, Sudan and Syria during the 1974–1977 Diplomatic Conference – which led to the adoption of the two Additional Protocols to the 1949 Geneva Conventions – offer a partial glimpse into the contributions of Islamic law to the development of some modern international humanitarian law (IHL) principles.
In this post, ICRC’s legal adviser for Islamic law and jurisprudence, Ahmed Al-Dawoody and ICRC Associate Medha Damojipurapu examine some of the contributions of Islamic law to the development of the Additional Protocols, as well as the motivations for ratification by Muslim-majority states. They maintain that studying these perspectives can support humanitarian organizations to effectively communicate and anchor the protection owed to people affected by armed conflict during their dialogue in relevant contexts. -
International law recognizes the importance of environmental protection during armed conflict. Additional Protocol I of the Geneva Conventions was the first treaty to formally prohibit warfare methods that cause widespread, long-term, and severe environmental damage. The Rome Statute of the International Criminal Court (ICC) further criminalizes damage to the natural environment as a war crime, though its high threshold has so far prevented its use. The existing initiatives to define “ecocide” aim, among other things, to broaden accountability beyond armed conflict and include corporations.
In this post, part of the Emerging Voices series, Iryna Rekrut, Legal Fellow at the Center for Gender & Refugee Studies, proposes an additional potential avenue that could also be used to improve accountability for environmental damage under the Rome Statute. She argues that a more expansive interpretation of existing provisions – particularly refining the definitions of “widespread,” “long-term,” and “severe” damage – could meet the evidentiary burden and make prosecution more viable under current international law. -
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Earlier this month, Lithuania’s unprecedented withdrawal from the Convention on Cluster Munitions (CCM) took effect. Meanwhile, several states are openly questioning their continued adherence to other humanitarian treaties, including the Anti-Personnel Mine Ban Convention (APMBC). These developments take place amid heightened international tensions and mounting security concerns, both in Europe and globally. They come at a time when respect for fundamental humanitarian norms is shockingly insufficient, as the immense devastation in ongoing conflicts demonstrates.
In this post, ICRC Chief Legal Officer Cordula Droege and ICRC Legal Adviser Maya Brehm caution that recent challenges to the APMBC mirror broader threats to the life-saving protections of international humanitarian law (IHL). They argue that justifications for using anti-personnel mines (APM) tend to be divorced from battlefield realities and overlook the appalling impacts of these treacherous weapons. The authors also show how efforts to circumvent or abandon the APMBC challenge fundamental precepts of IHL and undermine the international rule of law. The post concludes with a call to reinforce humanitarian norms as essential safeguards for upholding humanity in war. -
Amid the devastation of armed conflict, hospitals stand as fragile sanctuaries, overwhelmed by demand and depleted of essential supplies. Struggling to function under relentless strain, they remain uniquely vulnerable – yet, rather than being protected, they are too often caught in the crosshairs of tactical attacks and political allegations.
In this installment of the Emerging Voices series, Khang Phan and Thao Nguyen, recent graduates of Ritsumeikan Asia Pacific University, trace patterns in attacks on hospitals in contemporary conflicts. They examine the legal protections in place and the practical challenges that undermine compliance and enforcement. In doing so, they underscore the need for more effective warning systems and stronger communication among stakeholders to ensure hospitals receive the fullest possible protection. -
Contemporary armed conflicts are increasingly complex and, through rapid technological development, increasingly remote. This calls into question the capacity of a machine to apply human emotional traits such as empathy and caution, crucial for effective judgement and evaluation in challenging situations. Despite the precision and reliability that might be achieved through the increased automation of military activities such as target identification, from a humanitarian perspective, outsourcing such high-stakes decisions to machines is highly problematic.
In this post, Dr Joanna Wilson, Lecturer in Law at the University of the West of Scotland, calls for the urgent ‘rehumanization’ of military decision-making. Emotions play a key role in this. While sometimes blamed for unpredictable, erratic human behaviour, for which a machine might therefore be viewed to be a welcome alternative, emotions are indispensable for effective and flexible moral reasoning, intuition, and self-regulation. The use of artificial intelligence (AI) should thus be exclusively limited to effectively supplementing and facilitating human agency and decision-making: a technological means for strictly human ends. -
In today’s multilateral disarmament, peace and security, and humanitarian fora, a key responsibility of states – and a challenge for their lawyers and policy makers – is to find common understandings on the international legal limits on information and communication technology (ICT) activities during armed conflicts. Following over two decades of discussions – and gradual progress – in UN General Assembly mandated groups of governmental experts and open-ended working groups on the use of ICTs, multilateral efforts to agree to such limits have reached an important juncture.
In this post, the ICRC’s Laurent Gisel and Tilman Rodenhäuser highlight the significant progress achieved on the protection of civilian populations against ICT activities through the adoption of ‘the first humanitarian ICT resolution’ at the 34th International Conference of the Red Cross and Red Crescent Movement in October 2024. The authors discuss the trajectory that this resolution sets for multilateral work in the UN Open-Ended Working Group that concludes this year, for the ICTs workstream of the Global Initiative on IHL, and the ICRC’s project on a digital emblem. -
As the devastating impacts of armed conflicts continue to mount, civilians are enduring unimaginable suffering. Violations of international humanitarian law (IHL) are compounding these crises, while emerging threats such as autonomous weapons and cyber warfare add new dimensions to the challenges facing humanity. Despite the universal ratification of the Geneva Conventions, the erosion of respect for these fundamental rules of war endangers lives, infrastructure, and the fragile prospects for peace.
In this post, ICRC President Mirjana Spoljaric outlines the pressing need for states to join the Global Initiative on international humanitarian law. By reaffirming their commitment to this much-needed body of law, states can ensure the protection of civilians, restore dignity to those affected by conflict, and build a pathway toward sustainable peace. The time to act is now, and the Global Initiative offers a platform for collective action to uphold the rules that safeguard humanity. -
Canada recently published its first voluntary report on the implementation of international humanitarian law (IHL), highlighting its efforts to comply with IHL rules. However, the report overlooks key challenges and critical issues, leaving gaps that future reports should address.
In this post, Professor Tiwa Fomekong examines the achievements described in Canada’s report alongside its omissions, arguing that for such reports to reach their full potential as tools for enhancing respect for IHL and accountability, future efforts must be more comprehensive and transparent in addressing shortcomings, detailing corrective actions, and tackling emerging issues. -
In an era of rising geopolitical tensions, terms like ‘hybrid threats,’ ‘grey zones,’ and ‘proxy warfare’ are frequently used to describe covert and ambiguous operations, suggesting they blur the lines between peace and armed conflict. From cyberattacks on civilian infrastructure to the damaging of undersea cables, these acts are often labeled as ‘hybrid warfare,’ raising questions about their legal and political implications.
In this post, and drawing from the ICRC’s 2024 report on contemporary challenges to international humanitarian law (IHL), ICRC Legal Advisers Samit D’Cunha, Tristan Ferraro, and Tilman Rodenhäuser clarify how legal criteria – not political narratives – determine whether a situation constitutes an armed conflict, highlighting the importance of accurate classification to uphold the protections afforded by IHL. -
Around the world, civilians in cities at war face immense risks. Urban warfare devastates lives and livelihoods, as people are killed and injured, critical infrastructure such as hospitals and water systems are damaged or destroyed, and entire communities are forced to flee. Disruptions to essential services amplifies the suffering of civilians and poses significant humanitarian challenges. As urbanization grows, the impact of conflicts in cities demands urgent and coordinated action to reduce harm and uphold the protections afforded under international humanitarian law (IHL).
At the 34th International Conference of the Red Cross and Red Crescent in October 2024, this pressing issue was raised through the adoption by the Council of Delegates of a Solemn Appeal on War in Cities. The resolution reflects a shared recognition by the RCRC Movement of the human cost of urban warfare and a commitment to improving the protection of civilians. To mark this moment, the resolution was read aloud during the conference, underscoring its importance and the collective responsibility it calls for. Today, we share both the transcript and video of the reading as a reminder of the need for action to safeguard human lives and preserve dignity in urban conflict settings. -
Members of armed forces receive international humanitarian law (IHL) training as a matter of course, but they are not the only actors who must apply this body of law; lawyers within governments, international organizations, and NGOs all have roles in this regard. Did they have the opportunity to study IHL? And contemporary armed conflicts have made IHL compliance an issue on university campuses around the world. But do students have access to IHL courses?
In this post, international law professor Marina Sharpe answers these questions in relation to Canadian law schools, finding that while IHL is not widely offered, student interest in the subject is strong. -
During 2024, efforts to address the governance of military artificial intelligence (AI) have gained momentum. Yet in the same year, we have also witnessed the growing use of AI decision support systems during armed conflict, and it is becoming clearer that such systems may pose a significant challenge to peace and stability. These developments raise questions about the current approach toward military AI governance.
In this post, Elke Schwarz, Professor of Political Theory at Queen Mary University London, argues that efforts toward governance are complicated by a number of factors intrinsic to contemporary AI systems in targeting decisions. She highlights three in particular: (1) the character of current AI systems, which rests on iteration and impermanence; (2) the dominance of private sector producers in the sector and the financial ethos that grows from this; and (3) the expansive drive implicit in AI systems themselves, especially predictive AI systems in targeting decisions. These realities of AI suggest that the risks are perhaps greater than often acknowledged. -
When discussing the measurement of sexual- and gender-based violence (SGBV) prevention in humanitarian settings, reactions often polarize around two main arguments: that measurement is impossible (“How can we measure what hasn’t happened?”), or that prevalence alone signals success (“Do you have data showing decreased perpetration?”). Both perspectives overlook the complexity of SGBV prevention – and the valuable insights gained from measuring it through alternative approaches.
In this post, Zuleyka Piniella, ICRC’s Global Coordinator for the Prevention of Sexual Violence Programme, and Jessica Lenz, Senior Protection Advisor for InterAction, explore new ways to capture the nuanced impacts of prevention efforts, moving beyond prevalence data to understand what truly drives change. -
The development of artificial intelligence (AI) technologies brings significant opportunities, and risks, for principled humanitarian action. While AI innovations advance at a pace that seemingly defies human capabilities to manage them responsibly, humanitarian organizations are chasing ‘AI for Good’, and struggling to find effective safeguards.
In this post, ICRC Senior Policy Adviser Pierrick Devidal reflects on some of the lessons from the ICRC’s experience in building its recently adopted AI Policy, with the hope that it can inform other efforts to build an ethical and responsible approach to the use of AI in the humanitarian sector. -
Private businesses that operate in situations of armed conflict, do business with a government or other entity involved in an armed conflict, or may do so in the future, should be aware of relevant rules of international humanitarian law (IHL).
In this post, the International Committee of the Red Cross (ICRC), Australian Red Cross Society and French Red Cross Society describe a new publication that introduces the most relevant rules of IHL and explains why and how private businesses need to respect them. -
Communities in conflict-affected areas are direly impacted by growing climate risks and shocks. Over the last few years, political will to strengthen climate action in these settings has been growing. Commitments need to be urgently translated into tangible outcomes for communities – and avenues to do so exist.
In this post, and on the eve of COP29, Catherine-Lune Grayson and Amir Khouzam reflect on pathways to strengthen climate action in conflict settings. -
Language matters and the protections of international law are crucial when facing global trends of dehumanization. Dehumanizing narratives strip people of their dignity, making it easier to justify inhumane treatment, torture, and exclusion from legal protections.
In this post, Terry Hackett, Head of Division on Persons Deprived of Liberty at the ICRC, emphasizes the urgent need to reject dehumanization, ensure humane treatment, and strengthen compliance with international law to protect the dignity and rights of detainees globally. -
In line with its mandate, the ICRC engages with all parties to an armed conflict, including non-state armed groups. The ICRC has a long history of confidential humanitarian engagement with armed groups to alleviate and prevent the suffering of persons living in areas controlled by these groups. However, this engagement has become increasingly complex. Accordingly, the ICRC undertakes an annual internal exercise to evaluate the status of its relationships with armed groups and to identify developments to strengthen its future engagement worldwide.
In this post, ICRC Adviser Matthew Bamber-Zryd discusses some of the key findings from this exercise. In 2024, the ICRC estimates that 210 million persons live in areas under the full or contested control of armed groups. There are more than 450 armed groups of humanitarian concern worldwide and the ICRC’s engagement with these groups remains stable. Despite the ICRC’s successful contact with 60% of armed groups worldwide, engagement with some groups remains challenging. These obstacles stem from a combination of state-imposed barriers, notably counter-terrorism legislation, and the precarious security environment prevailing in certain countries. -
Gender can still be a confusing and contested subject for international humanitarian law (IHL) and military practitioners. But just as practitioners keep abreast of astonishing technological advancement, and states continue to dedicate significant – and, in numerous contexts, increasing – national spending on defence and security, it is high time that the equal protection of civilians is invested in, too. Gender inequality remains ingrained across today’s conflict-affected contexts, and gender-specific harms shape some of the horrors inflicted on civilians.
To encourage parties to armed conflict to take more and better measures to reduce this harm, in 2024 the ICRC, the Swedish Red Cross, and the Nordic Centre for Military Operations published a new report – International Humanitarian Law and a Gender Perspective in the Planning and Conduct of Military Operations – based on an expert meeting with state and military practitioners. In this post, the report’s co-authors set out ten legal, policy and operational recommendations to equip armed forces to reduce the gendered risks faced by diverse women, men, girls and boys in armed conflict, and identify good practices from modern militaries. It’s time for these to be part-and-parcel of how militaries comply with IHL and related civilian harm reduction measures. -
The 34th International Conference of the Red Cross and Red Crescent will take place 28-31 October 2024 in Geneva, Switzerland. At this meeting, states party to the 1949 Geneva Conventions and the components of the International Red Cross and Red Crescent Movement will meet to discuss humanitarian issues under this International Conference’s theme “Navigate uncertainty, strengthen humanity”.
In the lead-up to this meeting, ICRC Legal Adviser Ellen Policinski looks back at the role of the International Conference in drafting the 1949 Geneva Conventions, in particular the Fourth Geneva Convention, which protects civilians. - Se mer
