The ever-increasing membership of the Council of Europe, and the accompanying growth in the number of States party to the European Convention on Human Rights (ECHR), promises to create fresh challenges for the new single European Court of Human Rights which will begin to sit full-time in Strasbourg as of 1 November 1998. Speculation varies with regard to the type of challenges that the new Court will have to face, but one which cannot be ignored is the likelihood that the new Court will have to come to terms with more cases arising from situations of conflict. Judge Jambrek, urging judicial restraint and conservatism in a dissenting opinion, warned that the Court may have to look at what happened in the Croat Region of Kraijna, in the Republika Srpska, in other parts of Bosnia and Herzegovina or in Chechnya. If the Court is so required, many cases may involve issues which call for consideration of international humanitarian law.

Momentum is growing around a proposed treaty governing the international transfer of small arms and light weapons. Those promoting the new instrument emphasize the existing obligations of States, under the law of State responsibility, not to aid or assist another State in violating international law. This article explores the extent to which the prohibition of “complicity” is a sufficient basis for requiring States to consider the end-use of the weapons they transfer. It offers suggestions for strengthening the effectiveness of the current draft treaty in a way that places respect for international humanitarian law and human rights at its core.

Prison systems are rarely gender sensitive, and are even less so in conflict situations. When women are detained, it is crucial that international standards, applied with sensitivity to women's particular needs, are brought to bear. This article gives an overview of the relevant international law, as well as the gender-specific considerations that need to be taken into account when implementing it.

This article considers the role of civil society in the development of new standards around weapons. The broad but informal roles that civil society has undertaken are contrasted with the relatively narrow review mechanisms adopted by states in fulfilment of their legal obligations. Such review mechanisms are also considered in the context of wider thinking about processes by which society considers new technologies that may be adopted into the public sphere. The article concludes that formalized review mechanisms, such as those undertaken in terms of Article 36 of Additional Protocol I (1977) of the Geneva Conventions of 1949, should be a focus of civil society attention in their own right as part of efforts to strengthen standard-setting in relation to emerging military technologies.

The armed conflict in Afghanistan since 2001 has raised manifold questions pertaining to the humanitarian rules relative to the conduct of hostilities. In Afghanistan, as is often the case in so-called asymmetric conflicts, the geographical and temporal boundaries of the battlefield, and the distinction between civilians and fighters, are increasingly blurred. As a result, the risks for both civilians and soldiers operating in Afghanistan are high. The objective of this article is to assess whether – and if so how much – the armed conflict in Afghanistan has affected the application and interpretation of the principles of distinction, proportionality, and precaution – principles that form the core of legal rules pertaining to the conduct of hostilities.

The legal protection of children was introduced into international humanitarian law after the Second World War. Experience during that conflict had, in fact, pointed to the urgent need to draw up an instrument of public international law for protecting civilian population in wartime. The results of the ICRC's efforts in this field led to the adoption of the 1949 Fourth Geneva Convention relative to the protection of civilian persons in time of war. From that time on, children, as members of the civilian population, were entitled to benefit from the application of that Convention. Moreover, the first international humanitarian law regulations concerning armed conflicts not of an international character, contained in article 3, common to the four 1949 Geneva Conventions, were drawn up at the 1949 Diplomatic Conference. Here again, children were protected, in the same way as all “persons taking no active part in the hostilities”.

The Secretary-General of the Albanian Red Cross reports on action taken by her National Society in response to the massive flow of refugees into Albania from neighbouring Kosovo in the spring of 1999. Pandora Ketri shows how a National Society, only a few years after it started to gain strength, met an enormous challenge and coped with huge difficulties. Though the Albanian Red Cross could count on support from other National Societies, the International Federation and the ICRC, the members of this young Society had to bear the brunt of the work. The experience gained through its activities for refugees from Kosovo helped the Albanian Red Cross consolidate its position as a member of the Movement and as a full-fledged relief society.

Despite the recurrence of hostage-taking through the ages, the subject of hostages themselves has thus far received little analysis. Classically, there are two distinct types of hostages: voluntary hostages, as was common practice during the Ancien Régime of pre-Revolution France, when high-ranking individuals handed themselves over to benevolent jailers as guarantors for the proper execution of treaties; and involuntary hostages, whose seizure is a typical procedure in all-out war where individuals are held indiscriminately and without consideration, like living pawns, to gain a decisive military upper hand. Today the status of “hostage” is a combination of both categories taken to extremes. Though chosen for pecuniary, symbolic or political reasons, hostages are generally mistreated. They are in fact both the reflection and the favoured instrument of a major moral dichotomy: that of the increasing globalization of European and American principles and the resultant opposition to it — an opposition that plays precisely on the western adherence to human and democratic values. In the eyes of his countrymen, the hostage thus becomes the very personification of the innocent victim, a troubling and haunting image.

Public understanding of humanitarian emergencies tends to focus on one story and one type of victim. Examples are manifold: amputees in Sierra Leone, victims of kidnapping in Colombia, or victims of chemical weapons in Syria. At times, the aid community, and the media in turn, seizes upon a particular injustice – landmines, female genital mutilation and child soldiers are examples from recent decades – and directs resources and attention its way. Similarly, thematic trends tend to dominate aid discourse, with funding proposals to donors replete with references to the framework du jour. In a related phenomenon highlighted by author and aid worker Fiona Terry, “[w]ords are commandeered to give a new gloss to familiar themes: ‘capacity building’ became ‘empowerment’, which has now become ‘resilience’”. In the Democratic Republic of the Congo (DRC), the conflict has been largely defined by sexual violence, and raped women are its most prominent victims.

At the end of 2008, the number of people internally displaced by conflict, generalized violence or human rights violations across the world stood at 26 million, a record high since the IDMC started to monitor internal displacement in 1998. This high figure remains in spite of the growing recognition and implementation of the Guiding Principles on Internal Displacement. This article presents the findings of the latest IDMC survey on trends in internal displacement, challenges faced by displaced populations, and the measures taken to address these.

This report presents the instruments and strategies used by non-state actors to respect international humanitarian law during intra-state conflicts in Africa and highlights the recognition by these non-state actors of the role of humanitarian organizations. It examines the impact of such recognition on the development of international humanitarian law and the activities of humanitarian organizations, and shows the problems encountered by non-state actors with respect to their commitments. It concludes with some suggestions as to a way forward.

The proliferation of crises around the world has led to a sharp increase in the scale of humanitarian aid required to meet the vital needs of the people affected by them for food, water, medical care and shelter. Humanitarian organizations can either meet those needs directly or support local services engaged in the same work. In most cases, both approaches are used.

Plus de sept ans ont passé depuis la première édition de cet ouvrage. Sept années qui ont vu une montée plutôt qu'un déclin de la violence, et souvent un mépris croissant pour le respect de la vie et des droits fondamentaux de la personne humaine.

L'arrêt du 15 juillet 1999 de la Chambre d'appel du Tribunal pénal international pour l'ex-Yougoslavie confirme la condamnation de Dusko Tadic pour violations graves du droit international humanitaire. Cette décision a apporté des réponses nouvelles, et en partie controversées, à plusieurs questions importantes, réponses qui ne manqueront pas d'influencer la pratique du droit international humanitaire. Les auteurs passent en revue ces questions, dont, notamment, la qualification juridique du conflit (ou plutôt des conflits) sur le territoire de l'exYougoslavie; le concept de la participation au crime; la définition de la notion de personne protégée; l'applicabilité du concept de crime de guerre aux situations de conflits armés non internationaux; l'importance des règies coutumières en matière de criminalisation de certains comportements lors de conflits armés non internationaux; la notion de crime contre l'humanité. Les auteurs reconnaissent l'influence positive de certaines de ces décisions et considérations sur le cours de la justice pénale internationale, tout en y apportant quelques critiques.