conscious that the current International Conference of the Red Cross and Red Crescent (International Conference) is taking place at a time when the intolerable suffering of civilians and other victims of armed conflict demands a strong recommitment to our common humanity,

International humanitarian law (IHL) applies to situations of armed conflict, a de facto state of hostilities dependent on neither a declaration nor recognition of the existence of “war” by its parties. In terms of its material scope, whether an armed conflict is an international armed conflict (IAC) or non-international armed conflict (NIAC) will largely determine which rules of IHL apply. Articles 2 and 3 common to the Geneva Conventions differentiate between the rules applicable to IACs and NIACs. However, the term “armed conflict” is defined in neither article. Far from being an oversight, the omission plays an important role in depoliticizing the application of the Conventions to the situations of violence for which they were conceived. Having learned from earlier reliance on notions such as “declarations of war”, the drafters’ choice of the notion of “armed conflict” ensured that the Conventions’ catalyst would never become a vestige of its time, but rather a concept meant to endure and, indeed, adapt in response to the changing environments for which the Conventions are needed. The application of IHL has since been predicated on a fact-based analysis rather than only the formal recognition by a belligerent that a state of war exists.

recalling previous resolutions on the high human cost of the use and proliferation of certain types of weapons and the response of the International Red Cross and Red Crescent Movement (Movement) to these humanitarian consequences, in particular Resolution 7 of the 2013 Council of Delegates “Weapons and international humanitarian law”, Resolution 7 of the 2009 Council of Delegates “Preventing humanitarian consequences arising from the development, use and proliferation of certain types of weapons” and Resolution 2 of the 2005 Council of Delegates “Weapons and international humanitarian law”, as well as numerous other resolutions on landmines, cluster munitions, arms transfers, nuclear weapons and war in cities, and reaffirming the commitments undertaken in these resolutions,

In situations of armed conflict, access to digital technology can save lives. However, the digitalization of armed conflict also brings new threats for civilians. Over the past decade, digital technologies have been used in armed conflict to disrupt critical civilian infrastructure and services, to incite violence against civilian populations, and to undermine humanitarian relief efforts. Moreover, in ever-more interdependent digital and physical environments, civilians and civilian infrastructure are not only in the crosshairs of hostile operations but also increasingly drawn upon to support military operations, blurring the lines between what is military and what is civilian.

This is the sixth report on international humanitarian law (IHL) and the challenges of contemporary armed conflicts prepared by the International Committee of the Red Cross (ICRC) for the International Conference of the Red Cross and Red Crescent (International Conference). Similar reports were submitted to the International Conferences held in 2003, 2007, 2011, 2015 and 2019. The aim of all these reports is to provide an overview of some of the challenges posed by contemporary armed conflicts for IHL; generate broader reflection on those challenges; and outline current or prospective ICRC action, positions and areas of interest, and bring them to the attention of members of the International Conference.

Like its predecessors, this report addresses only some of the contemporary challenges to IHL. It outlines a number of issues that are the focus of increased interest among states and other actors, as well as the ICRC: nuclear weapons; protection of people in the hands of parties to armed conflict; conduct of hostilities; new technologies of warfare; impartial humanitarian work; and implementation of IHL. These issues include matters not addressed in previous reports, such as separated family members, missing people and obligations on the handling of the dead, food security, military operations in outer space, and how respect for IHL can contribute, in a modest way, to building steps towards peace. This report also provides an update on some issues of concern that were addressed in previous reports and that remain high on the international agenda, such as the urbanization of warfare, autonomous weapon systems and other new technologies of warfare, and protection of people deprived of their liberty.