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SUMMARY: INTERNATIONAL HUMANITARIAN LAW ȃ
ȃ ORIGINS, DEVELOPMENTS AND NEW CHALLENGES
The book describes and analyses the developments of international humanitarian
law over the past one and a half century and discusses various new challenges that IHL
faces in the current world. The
first part
of the book maps the evolution of interna-
tional humanitarian law. The chapter entitled
150 Years of International Humanitarian
Law – A Path to Humanity or to the Fragmentation of International Law?
by
Veronika
Bílková
summarises the development of international humanitarian law since its crea-
tion in the mid-19th century (the establishment of the International Committee of the
Red Cross in 1863, the adoption of the first Geneva Convention in 1864) up to the
contemporary period and identifies the main milestones and trends in this develop-
ment. It also introduces four stories that are often read into the history of IHL. These
are the stories of humanization of IHL, constitutionalization of IHL, fragmentation of
IHL and irrelevance of IHL.
Otakar Foltýn,
author of the chapter on
Military Aspects of International Humanitarian
Law Development on the Background of Four Generations of Modern Armed Conflicts,
claims that the awareness of IHL is often distorted by a lot of myths. Some are based on
the prejudice that war cannot be effectively regulated by rules of law. Others are para-
doxically based on the belief that negative effects of armed conflicts, such as collateral
damages caused to civilians, are completely illegal. Such approaches are harmful because
they unjustifiably reduce credit of the applicability of IHL. As well as in other science
disciplines, it is necessary to understand the context and logic of development of IHL.
On the background of the four generations of warfare concept the author illustrates why
the foundations of IHL were laid. He stresses the logic and practicality of IHL as well
as its ability to reduce the effects of armed conflicts that are unnecessary to defeat the
enemy.
Marek Jukl,
writing about the
International Red Cross, the Role of its Components
and International Humanitarian Law,
explains the structure of the International Red
Cross and Red Crescent Movement (the International Red Cross), its origin, mission,
and status of its components, both within and outside of this humanitarian association.
The attention is also paid to the specific mandate in relation to the application of IHL.
The
second part
of the book analyses several new challenges that IHL has been
facing in the recent period. The first challenge relates to the status and activities of in-
ternational organizations.
Martin Faix,
in the chapter on
International Organizations
and International Humanitarian Law,
identifies obstacles, but also possible solutions,
which are connected to the unclear status of international organizations within the
system of IHL. The chapter focuses on conditions of material and personal applica-
bility of IHL, as well as the question of legal basis and scope of IHL rules applicable
to international organizations. The chapter concludes that the application of IHL to
international organizations is not only possible and desirable, but it is also possible
to identify the legal basis and scope of the applicable rules, even though not without