Historical Evolution of Laws on Armed Conflicts: A Jurisprudential Perspective from Geneva Conventions

13 Pages Posted: 27 Nov 2013

Date Written: January 6, 2010

Abstract

Codification of laws of war is one the significant achievements of international law from the nineteenth century. The wars after then were fought with a different nature and scale. The realization of the need to limit the destructive force of war changed the momentum to codify the international war laws. The codification of international war laws in their primary condition thus emphasized the need of making distinction between 'armed forces and civilians'. The most remarkable aspect to be noted is that it linked the development of law of armed conflict with the international protection of human rights. It was the Charter of the United Nations which clearly condemned war and defined the war of aggression as a crime against international peace and humanity. But since this attempt was not so promising enough International Committee of Red Cross initiated to revise the Geneva Conventions and an additional Convention relative to the protection of civilian persons in the time of war was adopted. This article elucidates the four Geneva Conventions with their additional protocols including norms for control and restraints of war, which as such are considered helpful to protect and promote peace, and respect human rights of combatants and civilians. The basic highlights of this article is the historical events that led to the codification and development of international conventions relating to war with special focus on evolution of modern laws of armed conflict. Further it also focus on the important achievements of humanitarian laws.

Keywords: jurisprudence, humanitarian laws, armed conflict, laws of war, Geneva Conventions, protocol, World War I & II, Hague Convention, UNESCO

Suggested Citation

Sangroula, Yubaraj, Historical Evolution of Laws on Armed Conflicts: A Jurisprudential Perspective from Geneva Conventions (January 6, 2010). Available at SSRN: https://ssrn.com/abstract=2359949 or http://dx.doi.org/10.2139/ssrn.2359949

Yubaraj Sangroula (Contact Author)

Kathmandu School of Law ( email )

Dadhikot-9, Bhaktapur
Bhaktapur, Bhaktapur 6618
Nepal

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