Humanitarian law and its role in the period of hostilities

More recently, wars were extremely destructive and exorbitant rigidity. This situation existed until the mid-19th century. However, society, fortunately, is able to develop not only technically, but also morally. In 1859, Henri Dunant from Switzerland, after seeing a terrible picture of the battlefield (at Solferino) with thousands of dead and doomed soldiers, became an organizer of assistance on a voluntary basis. So began to emerge humanitarian law.

humanitarian law

Since then, many conferences have been held on this issue, and a number of conventions have been adopted:

  • Geneva (1864) - about helping soldiers and civilians injured during the fighting on land.
  • The Hague (1899 and 1907) - they contain the basic provisions with the requirements that must be followed during military operations at sea.

However, let's look at what is humanitarian law from a legal point of view:

  1. This is a system of legal norms, as well as principles that apply during military conflicts.
  2. It is based on legal traditions, customs, which were formed as a result of military operations.
  3. Contained in contracts (international).

Let us consider in more detail the basic norms of humanitarian law. Mostly, these are, of course, prohibitions.

humanitarian law

  • You cannot kill civilians, injure them and apply terrorist acts against them.
  • The same applies to fighters who lay down their arms or who are left without it, as well as who are captured.
  • The parliamentarian and the persons accompanying him are inviolable.
  • Humanitarian law prohibits taking people hostage.
  • Attacks on points where there are wounded, as well as on medical units and vehicles are prohibited.
  • You can not force a person to fight against his country, even if at the time of the outbreak of hostilities he was no longer its citizen.
  • The use of weapons of mass destruction, as well as some types of firearms, such as, for example, a gun with tearing bullets, is unacceptable. In general, all methods of extermination, which entail a painful death, are prohibited by European humanitarian law.
  • It is not allowed to intentionally attack. The indiscriminate nature of hostilities entails a large number of casualties.

This is not a complete list of prohibitions. In the event of a violation of humanitarian law (which does not entail ordinary criminal liability), persons who do not comply with the rules will be punished according to the Disciplinary Charter of the Russian Federation (as a rule, this is material liability).

European humanitarian law

Humanitarian law also provides for the rights of combatants and their responsibilities.

  • Victims of the conflict must be protected by humanitarian law.
  • In the process of hostilities and upon their completion, unit commanders are obliged to organize assistance to all wounded.
  • Prisoners of war must preserve all the rights of the individual: an inhumane attitude towards them, torture, and bullying is unacceptable. In addition, prisoners have the right to inform relatives of this within the first 7 days of capture.
  • Women and children should have special rights and defend themselves against attacks not only on life, but also on honor and dignity.

The humanitarian law system is supported by almost all countries.

Source: https://habr.com/ru/post/F34756/


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