International Humanitarian Law: Protecting Rights and Promoting Welfare During War?

Abstract

Chapter 6 discusses the historical development of universal human rights protections during warfare through the establishment of International Humanitarian Law. It critically assesses the challenges posed to such protections by powerful states, geo-political considerations and the changing nature of war and conflict. It examines the operation of the International Criminal Court, the role of the UN Security Council and the geo-political manipulation of the UN by the USA and others, using the case of the Israel/Palestine conflict as but one example. In a world where most armed conflicts now involve non-state actors and casualties are overwhelmingly civilians, it also critically assesses attempts to reform IHL through, for example, the 1977 Protocols and the limitations of such reform.