Abstract

http://ssrn.com/abstract=1987842
 


 



Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity


Emily Crawford


University of Sydney - Faculty of Law

January 18, 2012

Journal of International Humanitarian Legal Studies, Vol. 3, No. 1, pp. 43-72, 2012
Sydney Law School Research Paper No. 12/02

Abstract:     
In the years following the adoption of the Additional Protocols to the Geneva Conventions in 1977, debate emerged regarding the extant lacunae in the international rules relating to armed conflict. It was argued that there were gaps in international humanitarian law (IHL) and international human rights law with regards to so-called ‘grey-zone conflicts’ – armed conflicts that did not reach the minimum threshold of either Protocol II or Common Article 3. Therefore, it was proposed that a declaration outlining the minimum humanitarian standards applicable in all situations of violence and conflict be adopted. By 1990, this debate had crystallised around the Turku Declaration on Minimum Humanitarian Standards. However, progress on the declaration quickly stalled once discussion was moved to the United Nations. Since 1995, there have been nine reports by the Secretary-General on the question of fundamental standards of humanity to use the current terminology. Over the years, the scope and content of the fundamental standards of humanity have become clearer, yet the adoption of a document on these fundamental standards is no more imminent than when the issue first moved to the United Nations. This article will therefore examine why and how this apparently vital piece of international policy has stalled.

Number of Pages in PDF File: 37

Keywords: international humanitarian law, minimum humanitarian standards, fundamental standards of humanity, non-international armed conflicts, humanitarian emergency situations

JEL Classification: K10, K30, K33

Accepted Paper Series





Download This Paper

Date posted: January 18, 2012 ; Last revised: December 3, 2013

Suggested Citation

Crawford, Emily, Road to Nowhere? The Future for a Declaration on Fundamental Standards of Humanity (January 18, 2012). Journal of International Humanitarian Legal Studies, Vol. 3, No. 1, pp. 43-72, 2012; Sydney Law School Research Paper No. 12/02. Available at SSRN: http://ssrn.com/abstract=1987842

Contact Information

Emily Crawford (Contact Author)
University of Sydney - Faculty of Law ( email )
University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 514
Downloads: 82
Download Rank: 108,092

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.407 seconds