Humanitarian Issues
QUESTION A:
List and describe the basic principles of International Humanitarian Law.
International Humanitarian Law
This comprises rules set by treaty or custom, used in armed conflict. The law is based on focus of humanity and mitigating of human anguish. The source of the humanitarian law can be acquired from the 19th century where the principles it arises from are older. It is defined to balance humanitarian issues and military value (Humanitarian Values for the 21st Century, 16). It accords warfare to the rule of law through reducing its negative impact and mitigating human suffering. The law covers two areas;
- It safeguards and helps the victims of hostilities
- It controls the means and ways warfare is carried out.
The sources of IHL are common to the international law as a whole:
- International convention: this comprise of the Hague Convention (1907) and the four Geneva Conventions.
- International custom: comprise of International Committee of the Red Cross and customary law.
General principles of law; this protects against genocide and torture.
The Law comes into application in cases where armed conflict is in progress. It contrasts international armed conflict and non-international armed conflict where a reduced aspect of the rules are used in the latter. Even though the state practice applied this distinction, it has received a vast amount of criticism as being an arbitrary and impractical law considering the existing conflicts (Bonwick, 6). The law has however been advanced with time to offer a bigger composition of hostilities in AP II that focusses on non-international conflict filled using customary international law. However, gaps are existent in the protection model as it ends. This can arise from issues in humanitarian challenges. The section will focus on the basic principles of humanitarian law.
Basic Principles of International Humanitarian Law
The Geneva Convention is keen on civilian population. The laws acquired in 1977 is made stronger in AP I and II where the civilian is protected in international and non-international law.
Principle of distinction safeguards civilian people and objects from the impact of military operators. It calls for parties to armed conflict to vary every time and in all cases between combatants and military goals on one side and civilians on the other hand. Additionally, it calls for civilians to be snatched of such protection if they take in hostilities (Bonwick, 21). The principle of distinction has been acquired from ICRC to be shown in state practice and set up the norm of customary law in international and non-international armed warfare.
Necessity and proportionality are principles created in humanitarian law. Here a belligerent can be used with regard to size and form of force vital to subdue the enemy. Additionally, attacks on military property should not lead to civilian loss attributed to be of direct military benefit projected. Precaution has to be applied to avoid loss of civilian loss. This principle is part of customary international law in the two forms of conflict.
Human treatment principle calls for civilians to be handled with care (GCIV, Art 27). The Geneva Conventions Article 3 safeguards against violence composing cruelty and torture, hostages and horrific treatment as well as execution that does not involve trial. Civilians are supposed to be respected physically and mentally, their rights and religious practices ought to be protected in addition to their customs (API, Art 75(1)). The principle of respect to humanity is stressed on by the ICRC as a norm to customary international law used in international and non-internal warfare.
The principle of non-discrimination is a vital principle of the IHL. Adverse distinction with regard to race, nationality, religious aspects or political affiliation is protected in the treatment of prisoners of conflict (GCIII, Art 16), civilians and people hors de combat. All of the people protected will be handled with similar consideration by the parties of conflict. This does not accord distinction in race, religion, sex and politics. The victims are to be affected by armed conflict are to be accorded their rightful right without discrimination.
Women and children are accorded preferential treatment, respect and protection. Women have to be protected from rape or indecent assault. While children ought to be protected from hostilities (GCIV).
The principles are however faced by varied limitations the IHL does not recognize or control conflicts between armed groups done in several countries or negative impact brought about by terrorism (ICRC 2009, 53). Additionally, the military has seen a number of civilians taking part making it hard for the law to be used.
Conclusion
This section has discussed the basic principles in international humanitarian law, the principles touch on the safety of civilians and protection of their rights. The principles are however faced by limitation especially when more than one country is involved and the civilians taking in the military action.
QUESTION B:
Dissertation: Describe David Rieff’s thesis in A Bed for the Night. Do you agree with it, and why?
Rieff is journalist and a perceived sociologist. In his book A Bed for the Night Rieff focusses on the dilemma of humanitarian assistance. He starts by stating and spiteful truth: without regard to purity of their motives, aid workers may do a wide range of harm, he asks to think over the logistics or medics of warlord’s war practices like Sudan, the reliance on beneficiaries or used by politicians to harm (David, 5).
The book is based on the setting of political and morality debate on aid policy. Here realpolitik conflicts altruistic proclivities. The issue is managed when the two meet. A good example is the attack on the World Trade Center and the steps taken by the US in Afghanistan. A good chunk of the time, politics and economics supersede humanitarianism or alters the agents to the desire of the politicians.
His actions focus in the impact of social actions. From this, Rieff focusses on the promoters of humanitarian involvement that their good actions they transform adult victims to children and on the other hand the infant adults to saints (David, 27). This opinion is deceiving, as he puts it, individuals escaping political conflict can be victims but not innocent victims.
The book described the deep cultural roots of charity and motivations of helping, connected to religious duties and imperialistic sense of being noble (Anderson, 23). The current efforts to acquire succor, salvation and enlightenment and not long ago, democracy to Asians and Africans after the colonial rule that it is still prevalent in the intersecting beliefs.
There has been not long ago the refugee assistance in the period of the first and Second World War where floods lead to displacement of survivors and required help from organizations and governments. In the past half a century, a good number of Europeans and Africans have helped financially to help those escaping death or found in the middle of war (David, 42). To a great extent, those in the act of caring have helped using complicated media tools to promote their goals, annually collecting millions for the goal.
Without questioning the objective of the ‘aid game’ the main topic of discussion since the 80s, Rieff questions on what the money is used for. He stated some companies that do not do well: Red Cross, Slave Chidlren and American Relief Committee as well as the CARE among others (Anderson, 32). With IRC being neutral. This companies have had political based goals since 1930s to assist the once targeted by tyrants and bad regimes.
Conclusion
The paper has been able to focus on the book by Rieff regarding the role of humanitarian organizations. He states that these companies do their missions without knowledge of what is going on, a good example is Rwanda. The sentiments are the reality of what is on the ground.
QUESTION C:
How can you define protection? (In terms of humanitarian issues) Please give examples.
Protection
Humanitarian companies are objectified to undertake humanitarian actions through their basic guiding principle of humanity. The definition is acquired from Jean Pictet, where he state that humanitarian action is the protection of life and health and to make sure that the human dignity is acquired.
The focus of this principle is on the person. It acquired that we are more flesh and blood though above this we are able to feel and care about ourselves and others. This aspect of worth about oneself and others is vital to protect and help as they are our physical needs (John, 43). We are able to live and suffer emotionally, spiritually and socially.
The aspect of humanitarian action acquires that an individual’s dignity and integrity as a human is an objective just like the work to ensure their safety and meeting their goals. This section will focus on protection which acquires that human are physical beings that need to survive, this goes above protection of human being this is based on safety, dignity and integrity.
Safety
Protection leads to safety. Good humanitarian efforts aims to acquire personal safety. Many companies have focused on this through digging wells, offering food and educating the soldiers on humanitarian law among others.
Defining protection as ensuring safety offers a vivid cutting edge to human efforts be it helping, advocating, education or mobilization. Limitations arising could be in the form of disregard to agencies involved in the humanitarian effort. This leads to not offering support to the agencies and hence they face difficulty in providing the services (ICRC 2008, 43). It has to be ensured at all fronts.
Dignity
The quality of safety is vital. The emotional act of a person is vital as their external need. The physical affect a person’s dignity and esteem greatly. While their ability to sustain a sense of identity of themselves and respect can keep them in extensive physical suffering.
Protection aims to provide and safeguard the dignity of a person. Being deprived, violations and forms of restrictions degrade an individual. A person additionally has to feel a sense of autonomy. Through this they are able to move anywhere, speak freely an associate with others they wish as they acquire a sense of dignity. If this dignity of violation affects their value. Limitations may arise as to the citizens not being aware of what constitutes a violation of their dignity. This leads to extensive unreported cases.
Integrity
This encompasses safety, dignity and material desire. It acquires the value of being complete as a person as an integration of physical, emotional, social and spiritual. Integrity impresses on the desire to protect the person. One has a right to enjoy life as they feel fit (John, 31). To go against this attacks and affects their integrity: it is bound to affect their physical, emotional and social needs. Its limitations go hand in hand with dignity. Some people not being of what is violation of their integrity.
Protection as empowerment
This focusses on the ability of people to manage and take it by themselves. Past experiences from show that armed conflict shows that humanitarian conflict and humanitarian norms are protected and met when people are strong to acquire their rights. The act of helping and empowering communities at a threat are involved in protection as a way to protect them. Protection that is met by people is durable than one that is delivered to them.
Protection as rights-based
Globally, people have the right to protection, while bodies and people have legal duty to respect law and make sure there is protection. This model is summarized by the agreement in 1999 by humanitarian agencies in Geneva (Slim, 483). This rights have to be passes to those who are not aware of them, hence offering a limitation through the widespread unawareness.
Conclusion
People’s protection is hard and it the legal duty of de facto authorities. These authorities are normally governments, global forces engaged in peace keeping efforts. Humanitarian agencies should be focused protecting people. This protection involves integrity, safety, protection as rights, protection as empowerment, and dignity. This form of protection helps to ensure that human are able to live freely and without any form of restrictions.
Work Cited
Anderson, MB. Do No Harm: How Aid Can Support Peace or War. Boulder: Lynne Rienner. Print Press, 1999.
Bonwick, A. Who Really Protects Civilians? Oxford: Development in Practice, Oxfam. Print press, 2006.
David. RIEFF: A Bed for a Night: Humanitarianism in Crisis, Vintage, London, 2002.
Humanitarian Values for the 21st Century, Proceedings of the 7th Annual Webster University Humanitarian Conference. UNHCR and Oxford University Press, Refugee Survey Quarterly, Volume 21 Number 3, 2002.
John D. CLARK, Worlds Apart: Civil Society and the Battle for Ethical Globalization, Bloomfield, CT, Kumarian Press, 2003.
ICRC 2009. “Professional Standards for Protection Work carried out by humanitarian and human
rights actors in armed conflict and other situations of violence”. Acquired on 15th February 2014 from: http://www.icrc.org/eng/assets/files/other/icrc-002-0956.pdf
ICRC 2008, “Enhancing Protection for Civilians in Armed Conflict and other Situations of Violence”. Acquired on 15th February 2014 from: http://www.icrc.org/eng/assets/files/other/icrc_002_0999.pdf
Slim, H. ‘Why Protect Civilians? Innocence, Immunity and Enmity in War’ in International Affairs Vol 79, No 3, pp 481–501, 2003.
