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International Humanitarian Law
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International Humanitarian Law

RFMFInternational humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.

  1. International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
  2. International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.

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Where did IHL originate?

International humanitarian law is rooted in the rules of ancient civilizations and religions – warfare has always been subject to certain principles and customs. Universal codification of international humanitarian law began in the nineteenth century. Since then, States have agreed to a series of practical rules, based on the bitter experience of modern warfare. These rules strike a careful balance between humanitarian concerns and the military requirements of States. As the international community has grown, an increasing number of States have contributed to the development of those rules. International humanitarian law forms today a universal body of law.
Read more on IHL here.

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The Geneva Conventions

The Geneva Conventions and their Additional Protocols are part of international humanitarian law – a whole system of legal safeguards that cover the way wars may be fought and the protection of individuals.

They specifically protect people who do not take part in the fighting (civilians, medics, chaplains, aid workers) and those who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war).

The Conventions and their Protocols call for measures to be taken to prevent (or put an end to) what are known as grave breaches those responsible for breaches must be punished.

The Geneva Conventions have been acceded to by 194 States and enjoy universal acceptance.

The first Geneva Convention of 1864 dealt exclusively with care for wounded soldiers; the law was later adapted to cover warfare at sea and prisoners of war.

Read more on the Geneva Conventions and the additional protocols here.

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Use of the Emblems

                                                                                         Emblems

The Geneva Conventions mention three emblems: the red cross, the red crescent and the red lion and sun, although only the first two are now being used. Under Additional Protocol III there is an additional new emblem – the Red Crystal.

The Conventions and Additional Protocol III contain several articles on the emblems which lists among other things, specificity of their use, size, purpose and placing of the emblem, the persons and property it protects, who can use it, what respect for the emblem entails and the penalties for misuse.

Read more on the use and misuse of the emblems here.

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IHL in the Fiji Context

DisseminationSince 1987, Fiji has been through three military and one civilian coup d'état. During the civilian coup of 19 May 2000, members of the Government side of parliament were held hostage for 56 days. In line with the Geneva Conventions the Society negotiated with the armed hostage takers and gained safe access to the hostages in which time we were able to assist in attending to their medical and humanitarian needs during this time.

Based on this experience, it became critical then that the Society scale up its IHL programme to disseminate as widely as possible, the relevant basic information on IHL and the Fundamental Principles to as many stakeholders as possible, so as to ensure safe access for staff and volunteers during a disaster as well as civil unrest/political disturbance.

RFMF_ElelmsAs part of Red Cross services offered to families of civilians affected by mass civil unrest, natural disasters or armed conflict is tracing or restoring family links. This service helps the affected re-establish contact with their family in the earliest possible time.

The Laws and Fundamental Principles (LFP) is now integrated into every aspect of our programme delivery – Health and Care, Disaster, Safety First Aid and Resource Development.

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7 Fundamental Principles

Proclaimed in Vienna in 1965, the seven Fundamental Principles bond together the National Red Cross and Red Crescent Societies, The International Committee of the Red Cross and the International Federation of the Red Cross and Red Crescent Societies . They guarantee the continuity of the Red Cross Red Crescent Movement and its humanitarian work.

humanity Humanity

The International Red Cross and Red Crescent Movement, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours, in its international and national capacity, to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, cooperation and lasting peace amongst all peoples.

impartiality Impartiality

It makes no discrimination as to nationality, race, religious beliefs, class or political opinions. It endeavours to relieve the suffering of individuals, being guided solely by their needs, and to give priority to the most urgent cases of distress.

neutral

Neutrality

In order to continue to enjoy the confidence of all, the Movement may not take sides in hostilities or engage at any time in controversies of a political, racial, religious or ideological nature.

independence
Independence

The Movement is independent. The National Societies, while auxiliaries in the humanitarian services of their governments and subject to the laws of their respective countries, must always maintain their autonomy so that they may be able at all times to act in accordance with the principles of the Movement. 

volunteer_service Voluntary service

It is a voluntary relief movement not prompted in any manner by desire for gain.

unity
Unity

There can be only one Red Cross or one Red Crescent Society in any one country. It must be open to all. It must carry on its humanitarian work throughout its territory.

universality
Universality

The International Red Cross and Red Crescent Movement, in which all Societies have equal status and share equal responsibilities and duties in helping each other, is worldwide.


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